McNamara

The accused, charged with three counts of first-degree murder, was scheduled for trial in Pembroke.

The case management judge invited submissions on whether the trial should be administratively transferred to another location within the East Region.

The amicus curiae supported a transfer to Ottawa, while the Crown argued the trial should remain in Pembroke.

The Regional Senior Justice held that the court has the administrative authority to transfer a trial within a judicial region in exceptional circumstances relating to the administration of justice and for systemic reasons.

Given the accused's self-represented status, the need for daily transport, intense local media coverage, a small jury pool in Pembroke, and courthouse facility limitations, the court ordered the trial transferred to Ottawa.

Following the dismissal of the plaintiff's claim and the defendant's counterclaim in a simplified procedure trial, the parties made written submissions on costs.

The plaintiff argued for no costs due to divided success, while the defendant sought elevated costs based on a Rule 49 offer.

The court found the defendant was the successful party as the counterclaim was not pursued.

However, elevated costs were denied because the Rule 49 offer was silent on the counterclaim and potentially out of time.

Applying the principle of proportionality for simplified procedure cases, the court awarded the defendant costs fixed at $15,000 on a reduced partial indemnity basis.

The plaintiffs brought a civil action in negligence against the defendant police officers following the fatal shooting of their family member.

The deceased, who was intoxicated and armed with knives, advanced aggressively toward an officer and refused commands to drop the weapons.

The court found that the officers acted reasonably and within the standard of care expected in such dangerous and rapidly unfolding circumstances.

The action was dismissed, though damages were assessed at $100,000 under the Family Law Act in the event of an appeal.