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Thursday, September 16, 2021 @ 5:29 AM

CUSTOMS AND EXCISE - Customs - Tariff classification - Imports - By type of product

Appeal by the Attorney General of Canada from a decision of the Canadian International Trade Tribunal (CITT) classifying television stands imported by the respondent Best Buy as parts of televisions under the Customs Tariff rather than furniture. ... [read more]

Thursday, September 16, 2021 @ 5:29 AM

EXPROPRIATION - Injurious affection - Damages - Methods of determining compensation

Appeal by the property owners from a decision of the Utility and Review Board that the Province’s construction of a temporary replacement bridge on a highway did not cause flood damage to their property.  ... [read more]

Wednesday, September 15, 2021 @ 5:29 AM

CROWN - Federal Parliament - Statutory instruments - Regulations and rules

Appeal by Portnov from a Federal Court decision dismissing his application to quash an order extending the 2014 Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations that designated 18 individuals, including the appellant, restricting and prohibiting their dealings with certain property for up to five years. ... [read more]

Wednesday, September 15, 2021 @ 5:28 AM

FEDERAL INCOME TAX - Tax avoidance - General anti-avoidance rule - Misuse and abuse

Appeal by the Crown from a Tax Court decision allowing the respondent’s deduction of unused non-capital losses and other deductions on the basis that the general anti-avoidance rule (GAAR) did not apply to a tax loss monetization agreement. ... [read more]

Tuesday, September 14, 2021 @ 5:22 AM

PROCEDURE - Pleas - Setting aside guilty plea

Appeal by Tallio, an Indigenous man, from his 1984 conviction for second degree murder. In 1983, an infant was sexually assaulted and murdered. The appellant was asked to check on the infant. He woke his mother up and told her the infant was dead and had been raped. ... [read more]

Tuesday, September 14, 2021 @ 5:22 AM

ABORIGINAL LANDS - Types - Land claims - Pleadings

Appeal by the Province from the dismissal of its applications to join Canada as a defendant, for leave to issue third party proceedings against Canada and to amend its pleadings. ... [read more]

Monday, September 13, 2021 @ 9:41 AM

TRADE REGULATION - Offences and penalties

Application by the defendants, charged with offences under the Health of Animals Act, for a stay of proceedings. Latawiec worked as an undercover investigator for Mercy for Animals ("MFA"), a non-profit animal advocacy organization. ... [read more]

Monday, September 13, 2021 @ 9:35 AM

COMMERCIAL TENANCIES - Landlord’s remedies - Relief from forfeiture - Consequence to tenant

Appeal by Airside Event Spaces from the dismissal of its petition for relief from forfeiture under a commercial lease. The appellant leased a hangar at the Langley Regional Airport from the respondent. ... [read more]

Friday, September 10, 2021 @ 5:38 AM

CIVIL PROCEDURE - Leave to appeal - Quia timet injunctions - Preservation of property - Mareva injunctions

Application by the defendants for leave to appeal an order that granted two injunctions. The order granted a Mareva injunction prohibiting the appellants from dealing with the claimed shares in the respondent Axion Ventures and a quia timet injunction prohibiting the appellants from voting the claimed shares at any Axion meeting. ... [read more]

Friday, September 10, 2021 @ 5:37 AM

PROCEDURE - Trial judge’s duties - Charge or directions

Appeal by the accused from convictions for fraud and using forged documents. The appellant deposited to his bank account forged cheques drawn on the account of a company and then immediately withdrew almost all the deposited amounts in cash. ... [read more]