Lynda C. Templeton

The defendant, Jason Borden, pleaded guilty to possession of a loaded prohibited firearm and proceeded to trial on charges of discharging a firearm with intent to endanger life, aggravated assault, and using a firearm while committing an indictable offence.

The court reviewed video evidence and witness testimony, making detailed findings of fact regarding an altercation between Borden and Darius Salmon.

Borden raised defences of self-defence and accident.

The court found no air of reality to the self-defence claim, and even if there were, Borden's actions were not reasonable given the circumstances, as Salmon was unarmed and did not physically threaten Borden before the gun was drawn.

The court also rejected the defence of accident, finding Borden's testimony regarding the gun's discharge not credible.

Consequently, Borden was found guilty on all three remaining counts.

This is a costs endorsement following motions for divorce and corollary relief, specifically concerning parenting time.

The court reviewed the original decision and offers to settle, applying Rules 18 and 24 of the Family Law Rules.

The Applicant was found to be more successful on the parenting motion, as the ordered shared parenting regime more closely reflected his offer.

The Applicant was awarded $1500 plus GST in costs, payable by the Respondent.

However, payment of these costs was deferred until all issues in the litigation are concluded, to prevent the weaponization of interim costs in a high-conflict family case.

The applicant sought summary judgment for custody and access.

The court granted sole custody to the applicant, finding both parents contributed to a high-conflict environment detrimental to the children.

The decision emphasized the need for professional assessments for the son, James, and therapy for both parents to address anger, hostility, and parenting skills.

Specific orders were made regarding communication, disclosure, and a structured access schedule, with a focus on developing individual relationships with the father, free from conflict.

The Plaintiff, Wonderland Power Centre Inc., initiated an action against Post and Beam on Wonderland Inc. concerning a restrictive covenant on land previously sold by Wonderland's predecessor to the London Public Library Board.

Wonderland sought an injunction, a declaration that the covenant was binding, and rectification of the land register if it was unenforceable.

Post and Beam sought summary judgment dismissing the action and a declaration that the covenant was unenforceable.

The court found the registered restrictive covenant unenforceable due to its failure to identify the benefiting lands as required by the Land Titles Act.

However, the court granted Wonderland's request for rectification of the register, noting Post and Beam's actual notice of the intended restriction.

Wonderland's motion for an interim injunction was dismissed due to a lack of irreparable harm, and Post and Beam's motion for summary judgment was dismissed, with remaining claims for a permanent injunction and damages to proceed to trial.

The applicant initiated garnishment proceedings to enforce spousal support arrears and ongoing payments based on a Divorce Order.

The respondent disputed the garnishment, arguing the support quantum varied annually per the order and that garnishment caused hardship.

The court found both parties acted precipitously.

It ruled that the respondent should not have unilaterally reduced support but also that garnishment was not available to the applicant because the support order was filed with the Family Responsibility Office, which has exclusive enforcement jurisdiction unless withdrawn.

The court also clarified the income calculation for support purposes and ordered the preparation and filing of appropriate Support Deduction Orders.

The Licence Appeal Tribunal sought leave to intervene in an appeal launched by Birani Homes Limited against a decision directing Tarion Warranty Corporation to pay $300,000 for home foundation and wall replacement.

Birani opposed the intervention, citing concerns about duplication of submissions, lack of unique expertise, and potential prejudice, particularly regarding a reasonable apprehension of bias.

Tarion consented to the intervention.

The court granted the Tribunal intervenor status, limiting its participation to issues concerning the standard of review, the Tribunal's jurisdiction under the Ontario New Home Warranties Plan Act (ONHWPA) regarding year-end and major structural defect claims, and its Rules of Practice and Procedure on adding parties and disclosure.

Intervention on the issue of reasonable apprehension of bias was denied to prevent the Tribunal from appearing to defend its own decision.

The applicant, Mustafa Hassan, brought an application under sections 8, 9, and 24(2) of the Charter of Rights and Freedoms, seeking to exclude evidence obtained through alleged unreasonable search and seizure.

The application challenged the lawfulness of police video surveillance in the common hallway of a multi-unit apartment building without a warrant, and the subsequent search warrant for his apartment, arguing it was based on unconstitutionally obtained evidence and lacked reasonable grounds.

The court found that the covert video surveillance in the hallway without a warrant violated the applicant's attenuated, but still existing, reasonable expectation of privacy under section 8 of the Charter.

However, the court determined that the search warrant for the apartment was still valid after excising the unconstitutionally obtained video evidence, as sufficient independent grounds remained.

Applying the section 24(2) Grant test, the court concluded that admitting the evidence would not bring the administration of justice into disrepute, considering the seriousness of the breach (low), the impact on the applicant's Charter rights (low, as the apartment was not his primary residence), and society's interest in adjudicating serious drug trafficking offences on their merits (high).

The application to exclude evidence was dismissed.