M. Raithby

The applicant mother brought a motion seeking to remove the respondent father's counsel, set aside interim minutes of settlement regarding parenting time, and expand her parenting time.

The mother argued the minutes of settlement should be set aside because she believed cannabis use was exempted from the drug testing requirements.

The court dismissed the motion, finding the minutes of settlement were clear and unambiguous in requiring supervised parenting time if the mother tested positive for cannabis.

The court ordered that parenting time continue in accordance with the interim minutes of settlement.

Following a seven-day construction lien trial where the plaintiff recovered a modest amount but the defendants succeeded on the key issue of defective workmanship, the court determined costs.

Both parties had advanced unreasonable positions at times, but the plaintiff's initial intransigence and failure to acknowledge obvious deficiencies were significant factors.

The court awarded the defendants $15,000 in costs, to be set off against the plaintiff's trial judgment.

The plaintiff contractor sued the defendant homeowners for the unpaid balance of a contract to build the shell of a log home, registering a construction lien against the property.

The defendants counterclaimed, alleging numerous construction deficiencies, incomplete work, and Building Code violations.

After a seven-day trial involving multiple expert witnesses, the court found that the plaintiff had breached the contract through poor workmanship and unauthorized deviations from the plans.

The court reduced the plaintiff's claim by the cost of necessary repairs and awarded the defendants damages for delay, resulting in a net judgment for the plaintiff of $30,595.63.