The applicant brought a motion to vary a common law peace bond to remove a condition prohibiting contact with his daughter.
The daughter provided an unchallenged affidavit stating she wished to have contact and believed she had hallucinated the initial allegations.
The Crown argued the provincial court lacked jurisdiction to vary a common law peace bond and was functus officio.
The court held it retained inherent jurisdiction to vary a common law peace bond upon a material change in circumstances.
Finding the daughter's affidavit constituted a material change, the court granted the application and removed the no-contact condition.
