Justice J. C. George

The applicant mother brought an urgent motion before a case conference to set aside a separation agreement on an interim basis.

The agreement provided for equal parenting time and no child support.

The applicant alleged she signed under duress and that the agreement was unconscionable.

The respondent father argued the agreement was fair and maximized parenting time.

The court found urgency but declined to set aside the agreement on an interim basis, noting that the conflicting affidavit evidence could not be resolved without a trial and that the current equal parenting schedule provided stability and was in the children's best interests.

The defendant Department of National Defence moved for a stay of the plaintiff's action pursuant to s. 91(2) of the Canadian Forces Members and Veterans Re-Establishment and Compensation Act.

The plaintiff alleged she was sexually assaulted by a military officer during a pre-enlistment physical examination.

The court dismissed the motion, finding that the plaintiff was not a member of the military at the time of the alleged assault and that her injuries were not aggravated by her subsequent brief military service.

Therefore, the statutory bar under s. 9 of the Crown Liability and Proceedings Act did not apply, and the action could proceed.

The defendant in a motor vehicle accident claim brought a motion seeking production of the plaintiff's Children's Aid Society (CAS) records, arguing they were relevant to the plaintiff's claim for psychological injuries.

The court found that because the action had already been set down for trial, leave was required under Rule 48.04, which the defendant failed to justify as there was no substantial or unexpected change in circumstances.

Furthermore, the court held that the CAS file was not relevant under Rule 30.10, as it contained no psychological or medical records, and ordering its production would be a disproportionate invasion of privacy amounting to a fishing expedition.

The motion was dismissed.