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The court rejected a joint submission to add a counselling condition to a bail order, finding it unrelated to statutory detention criteria.
The accused sought a bail variation to add the Partner Assault Response Program (PARS) condition to his recognizance.
The Crown and defence counsel jointly submitted the proposed condition.
The justice of the peace declined to impose the condition, finding that it lacked a purpose related to the statutory criteria for detention under section 515(10) of the Criminal Code and was therefore unnecessary, unreasonable, and undesirable.
The decision emphasizes that bail conditions must be premised on the statutory grounds for detention and cannot be imposed to facilitate case resolution or to change behaviour.
Court preserves matrimonial equity by charging replacement property pending equalization determination.
In a family law motion, the respondent sought a preservation order over the proceeds of sale of the matrimonial home pending determination of equalization.
The moving party argued that the funds should remain secured because the other spouse would likely owe a significant equalization payment and the property represented the primary realizable asset.
The court found a strong prima facie case that an equalization payment would be owed and that the inheritance used toward the matrimonial home likely lost its excluded character.
However, the court permitted the purchase of a replacement property provided the equity from the matrimonial home effectively transferred to the new property and remained available as security.
A charge was ordered against the new property under the Family Law Act to preserve the responding party’s equalization claim.
