Michael Bury

The offender was convicted of dangerous driving causing bodily harm after crashing his Lamborghini while driving at excessive speeds to show off to his passenger.

The passenger suffered catastrophic, life-altering injuries, including permanent brain damage.

The Crown sought 2.5 to 3 years in a penitentiary, while the defence sought a conditional sentence or intermittent sentence.

The court emphasized denunciation and general deterrence, noting the deliberate and highly dangerous nature of the driving.

The offender was sentenced to 2.5 years in prison and a 6-year driving prohibition.

The mother brought a motion to determine the primary residence of the parties' two children and for the penalty phase of a contempt finding against the father.

The father had previously been found in contempt for failing to release the children for access, and he brought a preliminary motion requesting the judge recuse himself due to reasonable apprehension of bias arising from adverse credibility findings in the contempt decision.

The court dismissed the recusal motion, holding that prior adverse credibility findings do not inherently create a reasonable apprehension of bias.

On the contempt penalty, the court ordered the father to pay $3,000 in costs on a full recovery basis due to his bad faith.

Regarding primary residence, the court found it in the children's best interests to reside with the mother pending final resolution, citing the father's history of thwarting access and concerns about his ability to promote a positive environment.

The mother brought a motion to determine the primary residence of the parties' two children and for the penalty phase of a contempt finding against the father.

The father had previously been found in contempt for failing to comply with an access order, though he subsequently purged his contempt.

The father also brought a motion for the judge to recuse himself, arguing that the previous contempt finding created a reasonable apprehension of bias.

The court dismissed the recusal motion, holding that adverse credibility findings in interlocutory proceedings do not inherently create bias.

On the contempt penalty, the court ordered the father to pay $3,000 in full recovery costs due to his bad faith.

On the issue of primary residence, the court found it in the best interests of the children to reside with the mother in Barrie pending final resolution, given the father's history of thwarting access and the mother's ability to provide a stable environment.