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Digests

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Wednesday, June 19, 2019 @ 10:01 AM

COMMUNITIES AND GOVERNANCE - Government funding and services

Application by the Dauphin River First Nation (DRFN) for judicial review of the decision by Indigenous Services Canada (ISC) to terminate evacuee benefits. ... [read more]

Wednesday, June 19, 2019 @ 9:49 AM

SENTENCING - Criminal Code offences - Breach of probation

Appeal by 29-year-old Goddard from six conditions of his probation order. The appellant was sentenced following his guilty plea to breaching a condition of his probation order that prohibited him from possessing a cell phone capable of accessing the Internet. ... [read more]

Tuesday, June 18, 2019 @ 10:31 AM

NEGLIGENCE - Duty and standard of care - Causal connection

Appeal by the defendant University from a jury decision finding it solely negligent, awarding the respondent $9,160,584 in damages and dismissing its third-party claim against the Swim Club. The respondent, 16, a competitive swimmer and member of the Club, was rendered a quadriplegic when she dove into a pool owned by the University. ... [read more]

Tuesday, June 18, 2019 @ 10:24 AM

MAINTENANCE AND SUPPORT - Child support - Undue hardship

Appeal by the mother from a 2016 child support order for the parties’ young daughter. The father resided in Ontario. The mother had primary care. The father was the sole shareholder and director of two companies that operated as a snow removal and landscaping business. ... [read more]

Tuesday, June 18, 2019 @ 10:06 AM

APPEALS - Miscarriage of justice - New trial - To receive new evidence

Appeal by A.W.H. from his conviction for sexual interference. In 2014, the 4-year-old complainant told her mother, the appellant’s girlfriend, that she did not want the appellant to take her to school because she did not want him to touch her anymore. ... [read more]

Monday, June 17, 2019 @ 11:16 AM

BARRISTERS AND SOLICITORS - Confidentiality - Duty to follow instructions

Appeal by the Province and a Notice of Contention by the respondent from a decision finding that instructions given by the Province to the respondent were solicitor-client privileged but that the Province had waived privilege by impugning the respondent’s conduct. ... [read more]

Monday, June 17, 2019 @ 11:14 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Discrimination, what constitutes

Appeal by the husband from a decision finding s. 112(3) of the Family Services Act, which required an unmarried spouse to file an application for spousal support within one year of the date of separation while no such time limit existed for a married spouse, unconstitutional. ... [read more]

Monday, June 17, 2019 @ 11:12 AM

CIVIL PROCEDURE - Judgments and orders - Enforcement - Stay of

Appeal by the Attorney General from a decision of a motion judge refusing to extend the stay of a decision of the Labour and Employment Board declaring s. 8 of the Essential Services in Nursing Homes Act unconstitutional. ... [read more]

Friday, June 14, 2019 @ 6:37 AM

PROCEEDINGS - Application to court for directions

Appeal by the Attorney General from a declaration stating that the Receiver’s disclaimer of the debtor’s interest in certain properties was without prejudice to a lawsuit in which the debtor claimed the Government of Canada had constructively expropriated those same properties. ... [read more]

Friday, June 14, 2019 @ 6:37 AM

CRIMINAL LAW - Defence counsel

Appeal by CB from his conviction for sexual assault and sexual interference with his stepdaughter, ES. ... [read more]