3 total
Unsupervised interim parenting time granted despite allegations of abuse.
The respondent father brought a motion seeking specified interim parenting time with the parties’ children, including alternating weekends, summer access, and telephone contact.
The applicant mother opposed the request and sought supervised access based on allegations of abusive behaviour during the marriage.
The court found that the evidence, including Children’s Aid Society records and prior unsupervised parenting time, did not establish a risk of harm to the children warranting supervision.
Interim unsupervised access was granted with respect to the younger child, while the older child’s participation was not compelled due to her expressed reluctance.
The court also directed involvement of the Office of the Children’s Lawyer and imposed conduct conditions on both parents.
Appeal dismissed; sufficient evidence supported trial judge's finding that appellant was wholly at fault for snowmobile accident.
The appellant appealed a trial judgment that found him wholly at fault for a snowmobile accident due to his own negligence and lack of control.
The Court of Appeal dismissed the appeal, holding that the case was fact-driven and there was sufficient evidence to support the trial judge's findings.
Jury verdict finding appellant 100% liable for collision set aside as unreasonable; new trial ordered.
The appellant was injured in a collision between his all-terrain vehicle and the respondent's pickup truck on a gravel road.
A jury found the appellant 100% liable and assessed damages at $566,634.
The appellant appealed the liability finding, and the respondent cross-appealed the damages assessment.
The Court of Appeal found the jury's verdict on liability unreasonable, as the evidence overwhelmingly showed the respondent failed to leave one-half of the road clear, creating a prima facie case of negligence.
The court ordered a new trial on liability only and dismissed the cross-appeal regarding damages.