Gillian Roberts

The accused was charged with attempted murder, aggravated assault, and other offences following a knife attack on a woman in her apartment.

The complainant died before trial for unrelated reasons.

The court admitted her 911 call as an excited utterance and portions of her police statement under the principled exception to the hearsay rule.

The court found the accused guilty of aggravated assault and uttering threats, but acquitted him of attempted murder, finding the specific intent to kill was not proven beyond a reasonable doubt.

The accused was also found guilty of assaulting a police officer by spitting on him during booking.

The plaintiff condominium corporation brought a motion for summary judgment and default judgment to enforce a lien against the defendants' unit for unpaid common expenses, including an insurance deductible chargeback and associated interest.

The court found no genuine issue requiring a trial, as the defendants acknowledged the debt and the plaintiff provided a revised calculation removing disputed legal costs and related interest.

The court granted judgment for $4,883.33 and fixed the plaintiff's costs at $10,000, significantly reducing the claimed amount of $39,535.53.

The plaintiff appealed a master's decision dismissing its motion under Rule 32.01 for intrusive testing on the defendant's adjacent property to investigate environmental contamination.

The master found that the proposed testing would not be probative because the plaintiff's construction had already altered the soil and groundwater conditions, and that the prejudice to the defendant outweighed any benefit.

The Superior Court of Justice dismissed the appeal, finding no error of law or palpable and overriding error of fact in the master's exercise of discretion.