Justice M.A. Garson

The plaintiffs brought a motion to remove the defendant MVAC's counsel of record from the tort claim.

The counsel was acting for MVAC in both the accident benefits claim and the tort claim.

After initially accepting the plaintiff's catastrophic impairment designation, the counsel abruptly reversed the decision hours later without explanation.

The court found that a reasonably informed onlooker would perceive a possibility of conflict and misuse of information, warranting the disqualification of counsel to maintain the integrity of the administration of justice.

The young person, convicted of second-degree murder and sentenced to seven years (four in secure custody, three under conditional supervision), appeared for a mandatory annual review of his sentence under s. 94(1) of the Youth Criminal Justice Act.

The young person sought early release to conditional supervision in the community, citing his progress in custody.

The court acknowledged the young person's academic and behavioural improvements but found that he remained in the early stages of therapeutic gain and that his progress was insufficient to justify a change in sentence.

Balancing the needs of the young person with the interests of society, the court confirmed the original sentence, emphasizing the need for continued rehabilitation and accountability for the serious nature of the offence.