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The Ontario Court of Appeal dismissed an appeal from a conviction for the May 2023 sexual assault, finding no reversible misapprehension of evidence or insufficiency of reasons.
Claimant is entitled to time-limited compensatory spousal support because she sacrificed greater earning potential to work in the family restaurant and lost salary on separation; respondent's disability claim lacks causal connection and sufficient evidence and is undermined by investigator evidence, so non-compensatory support is denied; two years' duration is sufficient and a retroactive lump-sum of $22,750 (after tax-benefit discount) is appropriate; property division is resolved by transferring claimant's PRG shares and her shareholder loan to respondent, claimant retaining the TD savings…
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On balance of probabilities the court found AL credible and MW's allegations of sexual abuse and coercive control unproven; the child's best interests support shared parenting under AL's proposed eight‑day rotation with specific modifications; prospective child support set by shared‑custody set‑off to $475/month from April 1, 2026 and prospective s.7 expenses apportioned 63% AL/37% MW; retroactive table child support for Sep 2021–Aug 2022 was declined due to demonstrated burdens AL incurred to exercise parenting time, but AL was ordered to pay $31,536 by periodic payments of $350/month in add…
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Applying ss.183–184 of the Family Law Act and the statutory factors, the court found the evidence did not establish that family violence is likely to occur; isolated historic or non‑physical incidents and intemperate electronic communications were insufficient to justify continuation of the without‑notice protection order, so the protection order was set aside and a reciprocal conduct order limiting communications was imposed instead.
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Given the aggravating factors (breach of trust, violence against intimate partner and child, presence of loaded firearm and bear spray, evidence of planning in making weapons accessible, significant victim impacts including PTSD in victims and children), and balancing mitigation (first offender, remediation while on remand, guilty pleas, cooperation), the appropriate aggregate custodial sentence was fixed at 8 years before credit but reduced under totality and Summers remand credit to a resultant effective term of 1,688 days (4 years, 7 months and 14 days). Sentence was allocated to counts as…
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The claimant's claim for spousal status was utterly without merit and constituted an attempt to coerce the respondent and continue family/intimate partner violence; the claimant's conduct was reprehensible and justifies an award of special costs to the respondent.
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The sentencing judge did not commit an error of principle or law; the 18‑month probation order with the imposed conditions is fit, proportionate and not demonstrably unfit, and a conditional discharge would have been contrary to the public interest; appeal dismissed.
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The child was found to have been exposed to family violence in the mother's home and the mother has not demonstrated adequate protective measures; under the best-interests framework of s.16 of the Divorce Act the court must prioritize the child's safety and therefore imposed interim modifications to the parenting schedule and safeguards (daytime block contact, specified schedule, exclusion of the alleged abuser, supervision/attendance requirements and geographic restriction) pending the scheduled variation hearing.
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The court enforced a without notice order returning three children to British Columbia, dismissed the respondent’s protection order application, and made interim conduct and parenting orders.
The Crown proved beyond a reasonable doubt that Williams intentionally applied sexual and other force to AL without her consent based on AL’s credible, consistent testimony corroborated in part by contemporaneous text messages and photographs; defence explanations (self-defence/necessity/innocent mind) did not raise a reasonable doubt, so Williams is guilty of sexual assault and findings of guilt on related counts are recorded.
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