2 total
Unsupervised parenting time reinstated despite past infant abuse, as passage of time mitigated risk.
The applicant father brought an urgent motion for the resumption of unsupervised parenting time and joint decision-making responsibility for the parties' eight-year-old child, having not seen the child since December 2020.
The respondent mother opposed unsupervised time, citing COVID-19 concerns and the father's past physical abuse of the child when she was an infant.
The court found that while the past abuse was highly concerning, the mother had previously allowed unsupervised access knowing of the abuse, and the passage of eight years mitigated the risk.
The court ordered unsupervised parenting time in accordance with a 2017 mediation agreement, joint decision-making with the mother having final say, and interim child support.
Appeal of LTB eviction order quashed as manifestly devoid of merit and raising no question of law.
The appellant, an unauthorized occupant of a rental unit, appealed an eviction order from the Landlord and Tenant Board.
The respondent landlord brought a motion to quash the appeal on the basis that it was devoid of merit and raised no question of law under s. 210(1) of the Residential Tenancies Act.
The Divisional Court found that the appellant was not a tenant under the Act and that his grounds of appeal raised questions of fact or mixed fact and law, with no evidence to support his claims of Charter or Human Rights Code breaches.
The court concluded the appeal was manifestly devoid of merit and quashed it pursuant to s. 134(3) of the Courts of Justice Act.
