L. Seetahal

The young person was charged with possessing a weapon for a dangerous purpose after being found with a loaded BB gun concealed in his pants at a community centre.

The court rejected the young person's testimony that he possessed the BB gun innocently after shooting pop cans.

Applying the W.(D.) framework for credibility and the Villaroman test for circumstantial evidence, the court concluded the only reasonable inference was that the young person possessed the imitation firearm to use and intimidate others.

The young person was found guilty.

The applicant was unsuccessful in her motions and the respondent sought costs on a substantial indemnity basis.

The court found that the applicant had misappropriated funds contrary to a consent order and attempted to cover it up, which precipitated the motions.

The court awarded the respondent costs on a substantial indemnity basis, fixing the amounts at $24,817.63 for the family law proceeding and $29,443.41 for the civil proceeding.