Lori MacIntosh

The applicant sought to restrict the respondent's in-person access to their two young daughters due to COVID-19 concerns, specifically because the respondent lived with his brother, a long-distance truck driver who made weekly runs to the United States.

The court considered the public health guidelines and the specific precautions taken by the brother.

Applying the principles from Ribeiro v. Wright, the court found that the children's interests in having in-person contact with the respondent should prevail, as the household was following public health guidelines and the risk was not significantly higher than other community members.

The motion to restrict access was dismissed, and a specific access schedule was ordered.

The applicant mother moved to set aside a final order terminating child support, which had been granted in default against her.

The court applied the three-part test for setting aside a default judgment, finding that the mother moved promptly, had an arguable case that the child was not independent, and provided a plausible explanation for her default, albeit a close call.

The motion was granted, the final order was set aside, and the mother was ordered to file her response to the motion to change.

No costs were awarded.

The accused, Steven Henry, was found guilty of assault with a weapon, attempted break and enter with intent, and attempted forcible entry.

The charges arose from an incident where Henry, impatient for his ex-wife, Monica Blais, to vacate their former matrimonial home, violently attempted to enter the residence by smashing windows with a baseball bat.

Blais, who was still legally entitled to reside there, fired a rifle, injuring Henry and ending the altercation.

The court rejected Henry's defence of "colour of right," finding he had no honest belief in his right to enter the home on the date of the incident, as a prior consent order stipulated Blais had 60 days to vacate after receiving a payment, which period had not yet elapsed.