Justice R. Kwolek

The applicant mother brought an urgent motion to suspend the respondent father's in-person access to their child during the COVID-19 pandemic.

The child suffers from hypotonia (floppy baby syndrome) with respiratory issues and other underlying conditions.

The mother sought to suspend all in-person access until deemed safe by a medical professional.

The court found that while COVID-19 constituted a material change in circumstances, it was insufficient on its own to justify suspension of the existing access order.

The court dismissed the motion, finding that appropriate compliance with public health directives could mitigate risk.

Access was permitted to recommence after April 24, 2020, subject to specified safety precautions.

The offender pleaded guilty to ten Criminal Code offences, three Controlled Drugs and Substances Act offences, and one Highway Traffic Act offence.

The offences consisted primarily of property crimes committed during a 24-hour spree, including theft of a motor vehicle, break and enter, possession of stolen property, and possession of drugs.

The Crown sought 15 months incarceration less pre-sentence custody credit, while the defence sought time served plus probation.

The court imposed a sentence of time served (approximately 218 days including enhanced credit) followed by a three-year probation period, considering the offender's lack of violent history, guilty pleas, remorse, and the exceptional circumstances of the COVID-19 pandemic.

The offender pleaded guilty to assault causing bodily harm and unlawfully being in a dwelling house arising from an incident where he struck a victim in the head in the victim's home, causing unconsciousness, laceration, and concussion.

The offender also pleaded guilty to two counts of failure to appear in court and three counts relating to possession of brass knuckles while subject to weapons prohibition orders.

The court imposed a sentence of eight months' incarceration for the assault (less five months pre-sentence custody credit), resulting in three additional months of custody, concurrent three months for unlawful dwelling, and 30 days consecutive for weapons possession.

The court also imposed three years' probation with protective conditions for the victim.

The sentencing was influenced by COVID-19 pandemic considerations, the offender's prior violent criminal record, and his personal trauma from his father's suicide.

The Children's Aid Society brought a motion for production of hospital records from Sault Area Hospital relating to the father in a child protection proceeding.

The father opposed the motion on Charter grounds and argued the request was overly broad.

The court found that mental health records may be relevant to the child protection issues, including allegations of sexual abuse and concerns about the father's mental health.

The court rejected the Charter challenge, finding no evidentiary basis for a breach.

The court ordered production of records from January 1, 2006 to present, but elected to review the records itself before releasing them to the Society to balance the father's privacy interests against the Society's investigative needs.

A child protection matter involving two children where the Children's Aid Society sought conditions restricting contact between the children and SM, the mother's new partner, due to concerns about domestic violence, substance abuse, and non-compliance with a voluntary safety agreement.

The court granted a temporary order for care and custody with conditions under section 94(2)(b) of the Child, Youth and Family Services Act, allowing the children to remain with the mother subject to supervision and specific terms.

The decision addresses significant procedural issues regarding short notice in child protection proceedings and the distinction between direct applications and traditional apprehensions.