Penny J. Jones

This is a status review application concerning a child apprehended at birth due to parental concerns including domestic violence, substance abuse, intellectual and developmental delays, and allegations of sexual assault by the father.

The Catholic Children's Aid Society sought Crown wardship for adoption purposes.

The mother sought the child's return under a supervision order.

The court found that the mother's extremely low intelligence (IQ 57), poor judgment, inability to work cooperatively with the Society, and pattern of dishonesty made her unsuitable as a primary caregiver.

The court rejected the mother's proposed plan with her fiancé as inadequate.

Crown wardship for adoption was ordered without access.

A young person was charged with assault arising from an altercation following a motor vehicle accident.

The Crown alleged the defendant used force without consent.

The defence claimed the force was consensual.

The court found the defendant guilty of assault, rejecting the defendant's credibility in favour of the complainant's account, which was corroborated by an independent witness.

The court applied the R. v. W. (D) framework and determined the defendant initiated an unprovoked attack and participated in kicking and punching the complainant while on the ground.

This is a costs decision following the dismissal of a motion to change relating to section 7 expenses under a consent order.

The applicant sought to reduce his child support obligations but failed to comply with three prior court orders and owed substantial arrears in child support and costs.

The court dismissed the motion to change with costs at an early stage under the Family Law Rules.

The costs decision addresses the applicant's claim of inability to pay and applies the three primary objectives of costs orders: indemnification, settlement encouragement, and sanctioning of inappropriate behaviour.