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Thursday, April 22, 2021 @ 6:07 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Inferences of guilt

Appeal by the accused, ZWC, from conviction for multiple sexual offences. The accused and his wife married in China in 1995. They had two daughters born in 1995 and 2001. The wife immigrated to Canada in 2006 and sponsored the rest of her family who immigrated in 2009. ... [read more]

Thursday, April 22, 2021 @ 6:07 AM

MARITAL PROPERTY - Equalization or division - Insolvency of party

Appeal by the trustee in bankruptcy from the dismissal of its application for a declaration that the right to commence an equalization claim under the Family Law Act vested in it as the husband’s trustee in bankruptcy. ... [read more]

Wednesday, April 21, 2021 @ 6:15 AM

EASEMENTS - Creation - By prescription

Appeal by Grant from a decision dismissing her application for damages, the removal of a water pipe and injunctions against trespass and allowing the respondent’s claim for an easement over the appellant’s vacant lot. ... [read more]

Wednesday, April 21, 2021 @ 6:14 AM

WORKERS’ COMPENSATION - Entitlement to benefits - Accident

Appeal by Inkster from a decision dismissing his application for judicial review of the appeal commission’s decision dismissing his appeal from the denial of compensation by the Workers Compensation Board. ... [read more]

Tuesday, April 20, 2021 @ 6:24 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Appeal by the plaintiff from a decision of a motion judge refusing to certify the appellant’s action as a class proceeding but granting it leave to reapply to certify the claim in restraint of trade. ... [read more]

Tuesday, April 20, 2021 @ 6:23 AM

NEGLIGENCE - Duty and standard of care

Appeal by the plaintiff from summary trial judgment dismissing his action for damages for personal injuries suffered because of a slip and fall accident. The appellant fell on black ice on a municipal sidewalk adjacent to the respondents’ residential property. ... [read more]

Tuesday, April 20, 2021 @ 6:23 AM

CORPORATIONS - Indemnification of directors and officers - Advance of costs

Appeal by the defendants, Quershi and Wong, from an order refusing an interim advance of legal costs from the plaintiffs, the Enliven companies. The defendants were former officers of Enliven who started and operated the business. ... [read more]

Monday, April 19, 2021 @ 9:27 AM

ASSESSMENT OF DAMAGES - Limiting factors - Duty to mitigate

Appeal by the defendants from a trial decision refusing to award them damages for the respondents’ wrongful filing of a caveat against land owned by the appellants. The respondents claimed a beneficial interest in part of the land pursuant to an oral agreement. ... [read more]

Monday, April 19, 2021 @ 9:22 AM

CIVIL PROCEDURE - Costs - Complex, novel or test case

Appeal by the defendants in a class action from a trial decision awarding them no costs after the action was dismissed after a six-week trial. ... [read more]

Monday, April 19, 2021 @ 9:16 AM

REAL PROPERTY TAX - Assessment - Methods 

Appeal by Baron Real Estate Investments from a judicial review judgment affirming a tax assessment by the Edmonton Composite Assessment Review Board. ... [read more]