Case Law › Newfoundland and Labrador

[1] In March of 2016, the Plaintiffs, Oliver and Lillian Watton, filed an application pursuant to the Quieting of Titles Act, R.S.N.L. 1990 c. Q-3, seeking an investigation and determination of title to lands located at Red Fern Lane, Conception Bay South, Newfoundland and Labrador.

[1] On October 28, 2018, the police arrested Mr. Gabbard's brother outside of a residence near Corner Brook. While they were doing so, Mr. Gabbard drove into the area. He drove past a police vehicle that had its emergency lights engaged, striking one officer on the arm and causing another officer to move so as to avoid being struck.

[1] Mr. Rockwood wants to terminate the partner support he pays Ms. Barrett pursuant to a consent order dated September 28, 2011. He takes the position that Ms. Barrett has made no effort to become self-sufficient over the last seven years and, on that basis, support should be terminated. Not long before the trial of this matter, Mr. Rockwood claimed he would be retiring in December of 2019, at...

[1] These are the reasons why I find the accused not guilty of having cannabis in her car available to a person in the vehicle.

[1] The Appellant, BriDawn Holdings Inc. (“BriDawn”), seeks leave to amend a Notice of Appeal. The decision under appeal is that of a judge of the Small Claims Division of the Provincial Court of Newfoundland and Labrador (“Small Claims Court”) filed on February 20, 2014. The trial judge ordered that BriDawn pay the sum of $21,000.00 to the Town Council of the Town of Wabana (the “Town”),...

[1] The issue in this appeal is whether the trial judge erred in imposing a condition in a three-year probation order that barred the appellant from being present on “any part of the Burin Peninsula south of the Piper's Hole River Bridge.”

[1] GH is the son of RB and AH. He is two and a half-years-old.

[1] DB is an instructor at a postsecondary institute. He is now 46. HMB is a registered nurse with Healthcare. She is now 45.

[1] JK, a young person as defined in the Youth Criminal Justice Act, S.C. 2002, is charged with two counts of sexual interference and two counts of sexual assault, contrary to sections 151 and 271 of the Criminal Code of Canada, R.S.C. 1985. It is alleged that on several occasion in September of 2018, JK sexually assaulted and sexually interfered with a classmate (X) while they were travelling to

[1] During the period of July 2016 to September 2017, Mr. Hunt accessed and downloaded child pornography videos. He was charged with and pleaded guilty to the offence of accessing child pornography, contrary to section 163.1(4.1) of the Criminal Code of Canada, R.S.C. 1985. The Crown proceeded by way of indictment. The mandatory minimum penalty prescribed by statute for this offence is a period...

[1] On February 24, 2018, a jury found Anne Norris not criminally responsible on account of mental disorder for the murder of Marcel Reardon on May 9, 2016. The Crown appeals that decision on the basis that the trial judge erred in law by excluding portions of intercepted conversations between Ms. Norris and another inmate in the correctional facility, by excluding medical records of a prison...

[1] The mudslinging in Terrenceville continues, literally. Readers of my earlier decisions1 will be familiar with the ongoing dispute between the accused and his neighbour over the demarcation of their respective properties. The parties have repeatedly refused to follow the legal means of resolving title disputes in an application for a quieting of title. I have repeatedly told the parties that...

[1] The applicant owns vacant lands on Perrins Road in Conception Bay South. On a visit to its property in July 2015, the applicant discovered that a paved roadway and turnaround (“roadworks”) had been constructed on the land by the respondent, the Town of Conception Bay South (the “Town”) without its knowledge.

[1] Mr. Callahan received a ticket for parking illegally pursuant to section 8(1) of the City of St John's By Law 1616. The ticket was issued to his vehicle as it was parked in a “Park & Pay” area. Park and Pay areas are designated by signs that provide information to the person parking their vehicle to pay by phone. The person wishing to use the parking space is required to download the “App”

[1] I have concluded that judicial interim release should be denied the accused, and that he should be detained in custody pending his trial. The following reasons will explain why I have come to that conclusion.

[1] IP, a young person as defined in the Youth Criminal Justice Act, S.C. 2002, is charged with three counts of sexual assault involving two complainants, contrary to section 271 of the Criminal Code of Canada, R.S.C. 1985. It is alleged that IP sexually assaulted two younger schoolmates while traveling on a school bus. IP entered pleas of not guilty and a trial was conducted.

[1] It was a clear Sunday afternoon, at approximately 4:00 p.m. on 1 October 2006 when a group of young people, mostly teenagers, congregated on the premises of City Sand and Gravel Limited (“City Sand”), a gravel pit, on the outskirts of Mount Pearl, just west of St. John's, for the purpose of having fun on their all-terrain vehicles (“ATVs”) and dirt bikes. These vehicles included two-wheel...

[1]          Natasha Murthy is charged with refusal of the roadside test. Constable Fry-Day was the only crown witness. On July 29, 2018 she was dispatched to a two vehicle accident at the corner of Allandale Road and Prince Phillip Parkway. She arrived on the scene at 4:40 a.m. On arrival she spoke to fire personnel and she was directed by one of the firefighters to a lady in a white shirt who...

[1] The Defendant, Aviva Insurance Company of Canada (“Aviva”) has applied under Rule 17A of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D (the “Rules”) for a declaration with respect to the Plaintiff's qualification to seek loss of income payments under Section B of an automobile insurance policy. I agreed with counsel that an appropriate evidentiary basis had been presented...

[1] Jason Arnold has entered guilty pleas to beaches of section 271, 145(5.1), 266, 145(3) and 264,1(1)(a). The charges arise from his involvement with M.B. who was fifteen at the time of the offences.

[1] Ms. Borden's relationship with her partner ended. Her partner started a new relationship with another woman (Ms. X). In December of 2017, Ms. Borden came into possession of a number of nude and intimate photographs of Ms. X. Some of these showed Ms. X engaging in sexual activity. Ms. Borden posted these photographs on-line.

[1] There is a haunted house on Link Pond Road in Massey Drive. As a result, this street is crowded with children on Halloween. The police received a complaint alleging that Mr. Young was operating a motor vehicle on Massey Drive in an unsafe manner on Halloween night of 2018. Mr. Young was subsequently charged with the offence of imprudent driving, contrary to section 110 of the Highway Traffic...

[1] On September 3, 2017, Lorne Butler was charged with criminally harassing a female complainant contrary to section 264(2) of the Criminal Code. The Crown proceeded by way of indictment. He was arrested, denied bail, and convicted after trial on December 21, 2017. On March 7, 2018, he was sentenced to two years less a day followed by three years probation with conditions.

[1]          These are the second applications for temporary custody orders of the four children of the Respondents. Because the legislation makes different provisions for temporary orders for children over and under 6 years of age, there were two applications. I have decided not to grant the applications, for the following reasons.

[1]          On December 29, 2018, Ms. Collen Rose organized a senior’s party in Norris Point. The Town agreed to allow her to use the community hall. They requested a “donation” be made in exchange for its use. Ms. Rose made a donation of $80.00.

[1]          Mr. Anderson choked his former partner (Ms. X) by twisting a flag around her throat and pulling it tightly. He threatened to throw her down the stairs and threw a television remote control at her. At the time (October 6, 2018), Ms. X and Mr. Anderson were at home.

[1]          This hearing is to determine the appropriate level of support to be paid by Mr. Wiscombe to Ms. Wiscombe, (now Ms. Martin), his former spouse.  This matter has a lengthy history, but the issues to be decided at this hearing are twofold: 1) the level of income to be imputed to Mr. Wiscombe (so that his appropriate level of support can be calculated), and 2) whether Ms. Martin should...

[1]          This is an application by Gerald Kirby (“Kirby”) seeking an order to have the solicitors for Alderwood Estate and Retirement Centre Ltd. (“Alderwood”), Deborah Dunne, and Patrick Dunne (collectively “the Plaintiffs”) removed from acting in this action on the ground that they are in a conflict of interest in that they have represented Kirby in other matters in the past.

[1]          On March 28, 2018, the Applicants filed an Originating Application seeking the following declarations:

[1]          On September 1, 2006, the Applicant, Daniel O’Rourke, injured his lower back while lifting furniture in the course of his employment as head housekeeper at a motel. He applied for benefits from the First Respondent, the Workplace Health, Safety and Compensation Commission (“WorkplaceNL”), who accepted his claim on September 27, 2006.