J. Milne

The Society brought a summary judgment motion seeking a finding that the child was in need of protection and an order placing the child in the deemed joint custody of the parents, with primary residence to the father.

The mother opposed the motion and sought an adjournment, which was denied.

The court found no genuine issue for trial, noting the child's chronic school absenteeism while in the mother's care and the mother's lack of insight into the emotional harm caused by the absenteeism and parental conflict.

The court granted summary judgment, finding the child in need of protection and ordering primary residence to the father with specified access to the mother.

The applicant purchaser sought specific performance of an Agreement of Purchase and Sale for a condominium unit after the respondent vendor refused to close the transaction.

The application proceeded unopposed.

The court applied the test from Semelhago, finding that the property was sufficiently unique due to its size, wheelchair accessibility, and location, which were necessary for the applicant's elderly and disabled mother.

The court granted specific performance, ordering the respondent to deliver clear title, and awarded costs on a substantial indemnity basis due to the respondent's inexcusable conduct.