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Criminal procedure — Appeals — Fresh evidence — Possession of a loaded firearm — Appellant convicted under s. 95(1) of the Criminal Code — Fresh evidence from related proceedings admitted on appeal — Crown conceded that related trials were stayed due to disclosure issues — Should the appellant’s conviction be set aside? — Appeal allowed, conviction quashed, and stay of proceedings entered — Criminal Code, R.S.C., 1985, c. C-46, s. 95(1)Evidence — Fresh evidence on appeal — Related proceedings — Appellant sought to admit fresh evidence from related cases where stays of proceedings were entered due to disclosure issues — Crown conceded that fairness required the appellant’s conviction to be set aside — Should fresh evidence be admitted on appeal? — Evidence admitted as it impacted the integrity of the criminal processConstitution — Charter of Rights — Section 24(1) — Fair trial — Appellant argued inability to make full answer and defence due to redacted disclosure — Crown conceded that fairness required a stay of proceedings — Should a stay of proceedings be entered under s. 24(1) of the Charter? — Stay of proceedings entered to preserve fairness and integrity of the criminal process

Family — Vesting orders — Equalization of net family property — Enforcement mechanisms — Appellant challenged the trial judge’s vesting order granting sole title of the matrimonial home to the respondent — Did the trial judge err in granting a vesting order under the Family Law Act without evidence of the home’s current value? — Discretionary power to grant vesting orders under ss. 9 and 34 of the Family Law Act, R.S.O. 1990, c. F.3Family — Child support — Retroactive and ongoing support — Appellant argued that the trial judge’s orders were inconsistent with prior support orders and the respondent’s suggestion to waive future support — Did the trial judge err in ordering retroactive and ongoing child support? — Trial judge’s discretion to make support orders based on evidence of arrears and ongoing obligationsCivil procedure — Appeals from uncontested trials — Exceptional circumstances — Appellant sought to appeal an order from an uncontested trial — Should the Court of Appeal entertain an appeal from an uncontested trial in the absence of exceptional circumstances? — Appeals from uncontested trials are limited to cases with clear merit or injustice, per Lamothe v. Ellis, 2022 ONCA 789

Family — Parenting time — Material change in circumstances — Parenting schedule — Children’s best interests — Motion judge found material change based on children’s age and expressed wishes — Did the motion judge err in finding a material change in circumstances? — Governing principles for revisiting parenting orders where a material change is allegedFamily — Child support — Capital gains — Imputed income — Respondent’s capital gains partially included in income for child support purposes — Appellant found underemployed, income imputed — Did the motion judge err in determining the quantum of child support? — Proper treatment of capital gains and imputed income in child support calculationsFamily — Costs — Costs award in family law — Costs deducted from child support payments — Mixed success of parties — Respondent successful on central issue of parenting time — Did the motion judge err in awarding costs to the respondent? — Discretionary nature of costs awards in family lawFamily — Vaccinations — Children’s decision-making capacity — Vaccination decisions left to children based on maturity and intelligence — Did the motion judge err in determining that the children could make their own decisions regarding vaccinations? — Framework for assessing children’s capacity to make medical decisionsCivil procedure — Fresh evidence on appeal — Appellant sought to introduce fresh evidence on appeal — Evidence found to be repetitive of evidence led below — Should the appellant’s motion to introduce fresh evidence on appeal have been granted? — Test for admitting fresh evidence on appeal