Matthew Anthony Brian Hickey

The applicant sought a contempt order and immediate possession of a property ordered to be partitioned and sold, alleging the respondent interfered with the sale.

The respondent argued issues with service and hearsay.

The court found sufficient evidence of the respondent's wilful non-compliance but did not formally issue a contempt order.

Instead, it granted the applicant immediate possession of the property, giving the respondent 45 days to vacate, and ordered the respondent not to interfere with the sale or cause damage.

The court also set aside a previous costs order against the respondent but re-ordered costs in favour of the applicant for the current motion.

The accused pleaded guilty to assault and mischief.

The court accepted a joint submission and sentenced the accused to four months imprisonment on the assault charge (with credit for one and a half days of presentence custody), with the mischief charge resulting in a suspended sentence.

The accused was placed on a two-year probation with conditions including a no-contact order with the victim (with limited exceptions for family court proceedings and contact arrangements regarding their child), a 200-metre non-association order, mandatory counselling and rehabilitation programs, DNA order, and a ten-year firearms prohibition under section 110 of the Criminal Code.

Two summary conviction surcharges of $100 each were imposed.