3 total
Motion for extensive financial disclosure and preservation order largely dismissed as disproportionate and better suited for trial.
The applicant brought a motion for disclosure and a preservation order in a family law proceeding.
She sought original promissory notes for ink testing, virtual tracing of electronic signatures, proof of interest payments, and tracing of funds related to the respondent's withdrawals from a joint HELOC.
The court adjourned the request for original notes on consent, and dismissed the remaining disclosure requests, finding the respondent had provided answers and the issues were better suited for trial.
The request for a preservation order was dismissed without prejudice as it was outside the scope of the leave granted for the motion and lacked urgency.
Motion for leave to appeal dismissed with no order as to costs.
The moving party brought a motion for leave to appeal an order dated February 27, 2024.
The Divisional Court dismissed the motion for leave to appeal.
As the responding party was not called upon to file materials, no costs were ordered.
The accused foster parent was acquitted of sexual assault after the complainant expressed doubt about her recollection.
The accused, a foster parent, was charged with sexual assault contrary to section 271 of the Criminal Code in relation to an alleged incident involving a complainant with severe cerebral palsy who had lived in his care from age three and a half to nineteen.
The complainant testified that the accused touched her inappropriately while assisting with her personal care.
However, during cross-examination and re-examination, the complainant significantly recanted and expressed doubt about her own recollection, suggesting the contact may have been incidental to her cleaning or care routine.
The court found the complainant was a credible witness despite contradictions in her evidence, but concluded that a reasonable doubt remained regarding the allegations.
The charge was dismissed.
