Richard G. Byers

The appellant appealed his convictions for impaired driving and failing to provide a breath sample, as well as his sentence.

He argued the trial judge was unprepared and negligent.

The summary conviction appeal judge reviewed the evidence, including witness testimony of the appellant's intoxication and a video of his failure to provide a breath sample.

The court found the trial judge's conclusions were supported by the evidence and reasonable.

The appeal against conviction and sentence was dismissed.

In a child protection proceeding under Part III of the Child and Family Services Act, the court considered whether a father’s access to his four children should remain supervised.

Evidence established that the children enjoyed visits with their father, but his untreated delusional disorder raised concerns about risk and judgment.

The treating psychiatrist recommended continued supervision due to the father’s fixed delusional beliefs and uncertainty regarding treatment compliance.

The court concluded that unsupervised access was not presently safe and rejected a proposal to shift supervision responsibilities to a third‑party organization.

The court ordered continued supervised Sunday access by the society, cancelled mid‑week visits due to their burden on the children, and directed that future reconsideration of access depend on psychiatric treatment progress.

The applicants, parishioners of St. Brigid's Catholic Church, sought judicial review of the Archbishop's decision to suppress the parish and dispose of the church property.

The Divisional Court dismissed the application, finding it lacked jurisdiction because the Roman Catholic Church is not a statutory body and the decision was made under private canon law, not affecting any property or civil rights of the parishioners.

The court further noted that even if it had jurisdiction, it would not intervene as canon law did not require a public hearing and the church's closure was driven by insurmountable financial difficulties.