S. Gomery, J.

The moving parties brought a motion to strike the responding parties' statements of claim for failing to comply with discovery obligations.

One responding party failed to attend an examination, and another refused to answer several questions during hers.

The court reviewed the procedural history and the conduct of both counsel during the examinations.

The court found that while the responding parties did not fully comply, their conduct did not warrant the exceptional remedy of striking their claims.

Instead, the court ordered one responding party to attend an examination and ordered the other to answer written interrogatories.

The moving parties were awarded $3,000 in costs for the motion.

The offender was convicted of manslaughter for his role in facilitating a home invasion that resulted in the shooting death of the victim.

The Crown sought an eight-year sentence, arguing the four-year mandatory minimum for manslaughter with a firearm applied.

The court found the mandatory minimum did not apply because the offender did not know firearms would be used.

After weighing the aggravating factors of the violent home invasion against significant mitigating factors, including the offender's youth, lack of record, and extensive rehabilitation over ten years on bail, the court imposed a total sentence of five years.

With credit for pre-sentence custody and time spent on strict bail conditions, the remaining sentence to serve was two years and five months.

In a judge-alone retrial arising from a fatal home invasion drug robbery, the Crown alleged the accused was liable for manslaughter as a party under s. 21(2) of the Criminal Code.

The court found the accused intentionally assisted the robbers by showing them the victim's house, knew or was willfully blind to the robbery plan, and that a reasonable person in his circumstances would have foreseen a serious risk of non-transient harm from a home invasion drug robbery.

The court rejected the defence theory that the accused merely thought the visitors intended a drug purchase or non-confrontational theft, and also rejected duress as a fabricated excuse lacking an air of reality.

A finding of guilt for manslaughter was entered.

The accused was charged with possession of drugs for the purpose of trafficking and multiple firearms offences following a police investigation into her boyfriend's drug dealing.

Police observed the boyfriend conducting drug transactions from the accused's car and later executed search warrants, finding drugs at an apartment and a firearm in the accused's bedroom.

The court found the accused not guilty on all charges, concluding the Crown failed to prove beyond a reasonable doubt that she had knowledge and control of the drugs found at the apartment, or that she knowingly possessed the firearm, particularly given her boyfriend's spontaneous confession that he had hidden the gun in her room without her knowledge.

In a wrongful death action arising from a motorcycle accident, the defendants brought a motion under Rule 31.10 for production of the complete Children's Aid Society file regarding the plaintiffs.

The defendants sought the records to assess the quality of the relationship between the plaintiffs and the deceased.

The court dismissed the motion, finding that the defendants had not exhausted their right to obtain the information through examinations for discovery of the plaintiffs, rendering the request a speculative fishing expedition.

The defendants brought motions to strike the plaintiff's statement of claim, which sought contribution and indemnity, damages, and disgorgement arising from the defendants' alleged involvement in a Ponzi scheme operated by Golden Oaks.

The court struck the claims for contribution and indemnity without leave to amend, finding no common liability to third parties and no viable duty of care owed to the unsecured creditors.

The claims for damages were struck with leave to amend to properly plead the losses suffered by the company.

The claims for disgorgement and accounting were permitted to proceed.