John Calderwood Sheard

This motion concerned the interpretation and enforcement of a consent Final Order regarding the sale of a matrimonial home and the Applicant's Right of First Refusal (ROFR).

The Applicant sought to transfer the Respondent's interest in the home to her, asserting she validly exercised her ROFR based on a "realistic offer" as defined in the Final Order.

The Respondent cross-moved to re-list the home, arguing no "realistic offer" was received and that the parties had repudiated the original sale terms by jointly retaining two realtors.

The court found that the Final Order's terms were modified by mutual agreement to accommodate two realtors, and that a recommendation to accept the offer was made, triggering the ROFR.

The court also determined the Applicant validly exercised her ROFR before the offer expired.

This trial focused on financial issues following a marital breakdown, including income determination for support, child and spousal support quantum, and equalization of property.

The respondent sought an unequal division of net family property and a 50% interest in a condominium by way of constructive/resulting trust, while the applicant claimed significant post-separation adjustments.

The court imputed income to the applicant, found the respondent entitled to both compensatory and needs-based spousal support, and granted her a 50% interest in the condominium proceeds.

The request for an unequal division of net family property was denied, and the applicant's claims for post-separation adjustments were largely dismissed due to intertwined finances and lack of supporting evidence.

The accused applied for a stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, arguing unreasonable delay.

The total delay was 39.75 months, exceeding the 30-month presumptive ceiling for Superior Court cases established in R. v. Jordan.

The court found that the majority of the delay was institutional, totaling 25 months, which was well beyond the acceptable guidelines under the previous Morin framework.

Despite the Crown's arguments regarding complexity and mitigation efforts, and the seriousness of the human smuggling charges, the court concluded that the transitional considerations could not justify the systemic delay.

The accused's constitutional right to a trial within a reasonable time was denied.

The accused pleaded guilty to engaging in securities trading without being registered in violation of the Ontario Securities Act.

She was a hospital file clerk who provided names of new mothers to an investment company representative in exchange for payment, facilitating high-pressure sales tactics targeting vulnerable new parents.

The court imposed a $36,000 fine (plus 25% surcharge totalling $45,000), two years probation, and 300 hours community service, rejecting both the Crown's request for 90 days jail and the defence's request for a $20,000 fine.

The sentence balanced general deterrence principles with the accused's mitigating factors including remorse, guilty plea, no prior record, and rehabilitative efforts.