Lindsay Marshall

The accused applied for release from custody under a section 525 bail detention review.

He had been detained on secondary grounds and proposed a release plan without a surety, relying on community services and his own good intentions.

The court found the plan insufficient to address the secondary ground concerns given the accused's lengthy criminal record and history of breaching court orders.

The application for release was dismissed.

The appellant father appealed a motion judge's decision dismissing his motion to strike affidavit evidence filed by the Children's Aid Society on a summary judgment motion.

The father argued that under recent appellate jurisprudence, the court was required to automatically vet and excise non-trial-worthy evidence before responding parties filed their materials.

The Superior Court dismissed the appeal, holding that the responsibility remains on the parties to file trial-worthy evidence and to raise specific objections via a motion to strike, rather than imposing an automatic initial vetting process on the court.