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Wednesday, June 16, 2021 @ 5:54 AM

BYLAWS AND RESOLUTIONS - Scope of enabling statute

Appeal by a landlord from a decision finding that the City’s bylaw regulating evictions by landlords renovating or repairing rental properties was intra vires the City. ... [read more]

Wednesday, June 16, 2021 @ 5:47 AM

CRIMINAL CODE OFFENCES - Sexual offences - Sexual exploitation - Procuring

Appeal by the accused, Webber, from a conviction for offences related to human trafficking and prostitution. The complainant dropped out of high school in grade 10 and moved in with an older friend who worked as an escort and introduced her to the sex trade business. ... [read more]

Tuesday, June 15, 2021 @ 5:53 AM

CONTESTATION OF CLAIMS - Adequacy of bequests to dependants  

Appeal by the testator’s son from a trial decision varying his father’s will. In his will, the father divided the residue of his estate one‑half to the son and one‑half to be divided equally between his daughter and her two sons. ... [read more]

Tuesday, June 15, 2021 @ 5:52 AM

CONDOMINIUMS - Bylaws

Appeal by a strata lot owner from dismissal of a petition for relief under the Strata Property Act. The Skywater strata development was situated on Salt Spring Island. It was comprised of 27 rural bare land lots of varying sizes zoned for agricultural use and marketed as a dream property opportunity to create unique rural real estate. ... [read more]

Monday, June 14, 2021 @ 9:32 AM

EVIDENCE - Witnesses - Credibility - Prior consistent statements

Appeal by the accused, Singh, from a conviction for uttering threats, forcible confinement and sexual assault. The accused, age 20, and complainant, age 17, met through an online dating platform. ... [read more]

Monday, June 14, 2021 @ 9:26 AM

CUSTODY AND ACCESS - Practice and procedure

Application by the defendant mother to have the judge removed as case management justice. The two children of the marriage were 2 and5 years old. This was the mother’s second recusal application in four months. ... [read more]

Friday, June 11, 2021 @ 5:44 AM

CONTROLLED DRUGS AND SUBSTANCES - Selling, trafficking and distributing

Trial of Senior, charged with 14 separate offences, including theft under $5,000, two counts of uttering a forged document, two counts of unauthorized use of a computer, three counts of breach of trust, possessing a firearm obtained by theft, possessing a weapon for a dangerous purpose, attempted robbery, and trafficking drugs. ... [read more]

Friday, June 11, 2021 @ 5:43 AM

COMPETITION - Conspiracy - Civil remedies

Motion by the plaintiffs for approval of a settlement with the Panasonic defendants. Motion by plaintiffs’ counsel for approval of class counsel fees and disbursements. This was a price-fixing conspiracy action commenced in August 2014. ... [read more]

Thursday, June 10, 2021 @ 5:47 AM

PROCEDURE - Crown’s duties - Trial judge’s duties - Where accused unrepresented

Appeal by the accused, Ibrahim, from a conviction for first-degree murder. In 2009, the victim was shot 10 times while standing outside of a grocery store. The accused and the victim exchanged angry words hours before the shooting over a trivial matter. ... [read more]

Thursday, June 10, 2021 @ 5:47 AM

AIR TRANSPORTATION - Liability - Civil actions

Appeal by the Transportation Safety Board of Canada from an interlocutory decision authorizing conditional release of an Air Canada cockpit voice recording. ... [read more]