Event and Time
Event Description
The case involves a family law matter where a trial was set to commence. The father requested to adjourn the trial to allow for a hair follicle test to determine his recent drug use. This request stemmed from evidence presented by the father, which contradicted his earlier sworn statement regarding his cannabis use.
Application and Claims
- The father had claimed under oath that he had not used cannabis since October 2020.
- Following recent events, the father wished to amend his statement to reflect that he had used cannabis more recently.
- The respondent (mother's side) argued that a hair follicle test was necessary to establish the truth regarding the father's drug use.
- The Independent Children's Lawyer (ICL) supported the need for hair follicle testing due to concerns about the child's safety in the father's care.
Judicial Decisions
- Justice Wilson granted the father's application for an adjournment to allow for hair follicle testing.
- The trial was rescheduled for October 4, 2022.
- A hair follicle test was ordered to be conducted prior to the new trial date.
Dispute Points and Legal Basis
Dispute Points
- Father's Claims:
- Initially claimed no drug use since October 2020. - Now seeks to retract that statement due to the reality of his ongoing cannabis use.
- Mother's Claims:
- Argued for the necessity of a hair follicle test to assess the safety and well-being of their child in the context of the father's drug use.
- Father's Counsel (Mr. Werner):
- Expressed that hair follicle testing results would be important in evaluating the father's credibility and the implications for the child's safety.