Tiffany Boisvert

The accused, charged with sexual offences and improper storage of firearms, brought a pre-trial application to exclude evidence obtained during a search of his residence.

Following his arrest, police conducted a warrantless search of his home and garage to locate firearms, during which they discovered a piece of clothing in a gun locker.

The police subsequently obtained a search warrant and seized the clothing.

The court found that the warrantless search violated the accused's section 8 Charter rights, as he had not provided informed consent.

Applying the Grant framework, the court concluded that admitting the evidence would bring the administration of justice into disrepute and excluded the evidence under section 24(2) of the Charter.

On a family law motion following separation after a long-term marriage, the applicant sought temporary spousal support, beneficiary designations, sale of the matrimonial home, occupation rent, and costs related to a motion to remove the respondent’s solicitor.

The court addressed the solicitor removal issue first and ordered the respondent to pay modest costs because the applicant was forced to bring the motion when the respondent declined to change counsel after a conflict arose.

On the support claim, the court declined to impute the higher income sought by the applicant and ordered modest interim spousal support of $200 per month.

The court ordered that the matrimonial home be listed for sale after April 1 with the applicant’s solicitor having carriage of the sale and the proceeds held in trust pending further order.

The claim for occupation rent was found to be premature and was referred to the trial judge.