Peter A. Grunwald

The applicant sought sole custody of the child Sofia, subject to reasonable access to the respondent, child support pursuant to the child support guidelines, section 7 expenses, and costs.

The respondent sought sole custody or, in the alternative, joint custody.

The court found that the applicant has been the primary caregiver since separation and granted her sole custody.

The respondent was granted generous access including overnight visits on Tuesday and Thursday, alternate weekend access, and extended holiday access.

The court imputed income to the respondent for child support purposes and ordered guideline support.

The court rejected the respondent's allegation that the applicant engaged in a deliberate plan to deprive him of access, finding instead that the parties were mismatched individuals who experienced an acrimonious separation but whose access arrangements had regularized over time.

The plaintiff sought damages for multiple workplace assaults committed by the defendants, who operated the meat market where the plaintiff worked.

The court accepted the plaintiff’s evidence and corroborating witness testimony that the defendants carried out three separate attacks, including a beating and stabbing, causing physical injuries and post‑traumatic stress disorder.

The defendants admitted liability for assault but argued provocation to mitigate damages.

The court rejected the provocation defence, finding no credible evidence that the plaintiff initiated the violence, and held two defendants jointly liable as joint tortfeasors for the injuries arising from the coordinated attacks.

The court awarded general damages, past income loss, and exemplary damages.

Costs decision following dismissal of an application concerning powers of attorney and guardianship of an incapable adult.

The applicant, a child of the incapable person, had been removed as attorney for property and personal care and ordered to account for property taken without consent.

The court considered the appropriate scale and allocation of costs among family members, added parties, and the Public Guardian and Trustee.

Finding the applicant’s conduct scandalous and improper, including failure to serve parties, non-compliance with court orders, and allegations of elder abuse, the court ordered substantial indemnity costs payable personally by the applicant.

Costs incurred by the Public Guardian and Trustee were instead ordered payable from the incapable person’s assets due to its statutory role and absence of bad faith.

An application sought guardianship over an elderly person's property and personal care.

The court found that a valid continuing power of attorney executed prior to the incapacity certificate governed management of the incapable person's affairs under the Substitute Decisions Act, 1992.

The applicant had failed to disclose the power of attorney and faced allegations of elder abuse and misappropriation of the incapable person's property.

The court dismissed the guardianship application, removed the applicant as attorney for property and personal care under the existing power of attorney, and substituted other family members as attorneys.

Directions were also issued regarding return of personal property and continuation of restricted visitation arrangements.