Mr. W. L. Smith

The applicants, charged with violating the Quarantine Act, brought numerous pre-trial motions challenging the validity of the charging documents, the legislation itself, the authority of the screening officer, alleged breaches of the Canadian Charter of Rights and Freedoms (including sections 7, 8, 9, 10, 11(a), 11(e), 11(i), and 15), and unreasonable delay under section 11(b) of the Charter.

The court dismissed all motions, finding the charging documents valid, the Quarantine Act enforceable, the screening officer's authority established, no Charter breaches proven due to lack of evidence or prior judicial precedent, and no unreasonable delay after accounting for defence-caused delay and the COVID-19 pandemic as an exceptional circumstance.

The matter was remitted for trial.

The parties sought costs following decisions on June 6 and June 21, 2016, regarding child support and a contempt motion.

The applicant mother sought costs on a full recovery or substantial indemnity basis, arguing the respondent father acted in bad faith by refusing mediation and pursuing contempt.

The court found the respondent acted unreasonably and in bad faith by ignoring the applicant's offers to mediate.

The applicant was awarded costs of $6,200 on a substantial indemnity scale.

The father brought an amended contempt motion seeking changes to the parenting schedule and child residence, arguing the mother was in contempt of a previous order to attend mediation.

The mother opposed and brought a cross-motion for current and arrears of child support and to cancel or limit mediation.

The court found the mother had purged her contempt regarding mediation and that the court lacked jurisdiction to grant the father's requested relief on the basis of contempt, stating a motion to vary was the appropriate procedure.

The court ordered interim child support payable by the father and required the mother to file financial statements.