Tamra A. Mann

The applicants sought an injunction to prevent the respondents from trespassing on their portion of Silver Lake by navigation.

A preliminary issue arose regarding whether the application should be decided using the new, broader definition of "navigable water" from the Canadian Navigable Waters Act (CNWA) enacted in 2019, or the common law definition.

The court ruled that the new definition in s. 2 of the CNWA must be used, as Parliament's intention was to protect navigation rights on more bodies of water.

This interpretation was deemed to produce a just and reasonable result, effectively replacing the common law "aqueous highway" test.

The applicant sought $25,000 in costs for temporary proceedings, while the respondent argued for no costs.

The court found divided success in the interlocutory motions and unreasonable conduct by both parties, though the respondent received harsher criticism from the Office of the Children's Lawyer.

Considering these factors and relevant rules, the court ordered each party to bear their own costs.

The applicant sought to implement Office of the Children's Lawyer (OCL) recommendations for equal parenting time, while the respondent moved for interim child support.

The court addressed the applicant's motion, increasing her parenting time and ordering a week-about schedule for summer, while adjourning the respondent's motion.

The decision considered the existing status quo, the respondent's detrimental conduct in denigrating the applicant and her new partner to the children, and the appropriate weight to be given to an OCL report on an interim motion.

Conditions were imposed on both parents regarding substance use during parenting time.

In a child protection proceeding under the Child and Family Services Act, multiple motions addressed parenting arrangements and access involving a child residing with the mother under supervision.

The child protection agency sought restrictions preventing the mother’s partner from contact with the child and proposed overnight access with the maternal grandmother.

The maternal grandmother moved for custody or, alternatively, expanded access.

The court found ongoing concerns regarding the mother’s judgment, including exposure of the child to domestic violence and disregard for prior court orders, but concluded that the mother should be given a final opportunity to demonstrate that the child’s safety would be prioritized.

The grandmother’s custody motion was adjourned while access was expanded to include weekly overnight visits and alternate weekend access.