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The court dismissed an attorney for property's application to sell a specifically bequeathed home, finding the sale was not proven necessary.
The applicant, Dawn McKenzie, acting as Power of Attorney for Property for Raymond Morgan, sought court approval to sell the Springdale property.
This property was subject to a life leasehold interest in favour of the respondent, Wendy Morgan, as per Mr. Morgan's will.
The applicant argued the sale was necessary to cover Mr. Morgan's caregiving fees and debts.
The court dismissed the application, finding that the applicant's financial assessments were unreliable and that other options for liquidity had not been adequately explored.
The court also expressed concerns about the applicant's management of Mr. Morgan's care and his isolation from other family members.
The court dismissed a charge of breaching a restraining order, applying the de minimis principle to a trivial indirect communication.
The accused was charged with breaching a restraining order under section 127 of the Criminal Code by communicating indirectly with the protected person through a third party.
The accused sent text messages to an intermediary stating "you should tell Beverly that I pose no threat to her" in the context of arranging access to his children.
The court found that while the communication technically violated the order, the de minimis principle applied, as the conduct was so trivial and trifling as to raise no abiding concern to public or community interest.
The charge was dismissed.
