Focus On



Friday, July 23, 2021 @ 5:34 AM

FOR TORTS - Affecting the person - Defamation - Method of publication - Mail

Action by the plaintiff son, daughter and son-in-law, as estate trustees and in their personal capacity, for damages against the defendant lawyer and law firm. The 82-year-old father died suddenly in 2010. He was survived by his wife, the plaintiffs’ mother, who had dementia. ... [read more]

Friday, July 23, 2021 @ 5:33 AM

BARRISTERS AND SOLICITORS - Compensation - Contingency agreements - Fair and reasonable

Motion by the plaintiffs for approval of the class action settlement agreement, class counsel’s fees, based on a 25 per cent contingency fee retainer, and honoraria to the representative plaintiffs. ... [read more]

Thursday, July 22, 2021 @ 5:44 AM

CIVIL PROCEDURE - Parties - Trade unions - Adding or substituting - On court’s motion

Appeal by the defendants from a decision of a Deputy Judge adding the named defendant Kelava as a representative of the defendant Union in a wrongful dismissal action. ... [read more]

Thursday, July 22, 2021 @ 5:44 AM

PROCEDURE - Trial judge’s duties - Charge or directions

Appeal by two police officers from conviction for criminal negligence causing death. The appellants were the Booking Officers on duty when Rogers came into police custody for intoxication. Rogers had been a frequent detainee at the facility for public intoxication and other offences. ... [read more]

Wednesday, July 21, 2021 @ 5:33 AM

NUISANCE - Liability - Flooding caused by dam 

Appeal by the Province and Nalcor Energy from a certification order. Residents of Mud Lake in Labrador were evacuated from their properties because of flooding on the Churchill River. Nalcor operated a dam near the river. The class action alleged negligence and nuisance against the appellants. ... [read more]

Wednesday, July 21, 2021 @ 5:32 AM

DISCIPLINE AND TERMINATION OF EMPLOYMENT - Dishonesty and untrustworthiness

Appeal by the plaintiff from dismissal of his wrongful dismissal action. The respondent received information that the appellant, a sales representative for the respondent, had taken product from one of its customer’s stores without authorization. ... [read more]

Tuesday, July 20, 2021 @ 5:50 AM

FOREIGN JUDGMENTS - Enforcement - Recognition of judgment of foreign state or territory

Appeal by the plaintiffs from a decision of a chambers judge refusing to enforce a German judgment granting the appellants specific performance and ordering the transfer of a BC property from the respondent to the appellants. ... [read more]

Tuesday, July 20, 2021 @ 5:49 AM

REGISTRATION OF DOCUMENTS - Lis pendens or certificate of pending litigation - Vacating of

Appeal by Beach from orders discharging certificates of pending litigation (“CPL”) registered by her against property owned by the respondents. The property was once owned by the appellant’s parents. In 1997, the parents sold the property to the respondents. ... [read more]

Monday, July 19, 2021 @ 9:31 AM

DISCHARGE OF BANKRUPT - Debts not released by discharge

Appeal by plaintiff from a summary trial decision dismissing his application for a declaration that his partial summary judgment survived the defendant’s bankruptcy and that any damages flowing from claims not yet proved were exempt from any discharge that might be granted in the defendant’s bankruptcy. ... [read more]

Monday, July 19, 2021 @ 9:25 AM

SENTENCING - Manslaughter - Particular sanctions - Imprisonment

Appeal by Beaver and Lambert from the four-year sentence imposed following their convictions for manslaughter. The appellants had a dispute with the victim, their roommate, about rent. Both appellants participated in punching, kicking, choking, and slamming the victim’s face into the ground. ... [read more]