Goldman v. Detlor, 2011 MBQB 148

• Judge: Midwinter, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 27, 2011
• Jurisdiction: Manitoba
• Citations: 2011 MBQB 148;(2011), 265 Man.R.(2d) 252 (QBFD)

Goldman v. Detlor (2011), 265 Man.R.(2d) 252 (QBFD)

MLB headnote and full text

Temp. Cite: [2011] Man.R.(2d) TBEd. JL.023

Angela Rose Goldman (petitioner) v. John Frederick Detlor (respondent)

(FD 06-02-03001; 2011 MBQB 148)

Indexed As: Goldman v. Detlor

Manitoba Court of Queen's Bench

Family Division

Brandon Centre

Midwinter, J.

June 27, 2011.

Summary:

Goldman applied for a prevention order under s. 14(1) of the Domestic Violence and Stalking Act for herself and her daughter, who was 17 and disabled.

The Manitoba Court of Queen's Bench, Family Division, allowed the application.

Family Law - Topic 1146

Domestic violence or exploitation - Anti-stalking legislation - Prevention order - When available or appropriate - Goldman obtained a protection order against Detlor in July 2007 - Under a final order issued in domestic proceedings between the parties in June 2009, Detlor was ordered to have no contact or communication with the couple's children - A second protection order was issued in July 2010, just prior to the expiry of the first - Goldman applied for a prevention order under s. 14(1) of the Domestic Violence and Stalking Act for herself and her daughter, who was 17 and disabled - The Manitoba Court of Queen's Bench, Family Division, allowed the application - The daughter was likely to continue to be a vulnerable person for life - The evidence included instances of Detlor driving by Goldman's home and one instance where Detlor duct-taped the daughter to a piece of exercise equipment - Detlor had performed conduct that "reasonably in all the circumstances constitutes psychological or emotional abuse" - The court had jurisdiction to make the prevention order on the basis of past behaviour.

Cases Noticed:

Field v. McLaren (2009), 239 Man.R.(2d) 156; 2009 MBQB 118 (Fam. Div.), refd to. [para. 19].

Counsel:

K. Webb, for the petitioner;

S. Abel, for the respondent.

This application was heard by Midwinter, J., of the Manitoba Court of Queen's Bench, Family Division, Brandon Centre, who delivered the following judgment on June 27, 2011.