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Friday, April 20, 2018 @ 2:56 PM

CUSTODY AND ACCESS - Considerations - Child’s preference - Hague Convention - Interpretation

The Office of the Children’s Lawyer (Office) appealed from the Ontario Court of Appeal decision setting aside a decision of the Ontario Divisional Court that set aside the application judge’s decision that granted the respondent father’s application for return of the children to Germany. ... [read more]

Friday, April 20, 2018 @ 8:43 AM

CIVIL PROCEDURE - Appeals - Fresh evidence - Powers of appellate court

Application by the appellants, Red Branch Investments Limited (Red Branch) and Wright, to adduce fresh evidence and reopen their appeal. ... [read more]

Friday, April 20, 2018 @ 8:41 AM

PROCEDURE - Trial judge's duties - Charge or directions - Evidence of witnesses

Appeal by the accused, Matchett, from a conviction for sexual assault. ... [read more]

Thursday, April 19, 2018 @ 1:16 PM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Provincial or territorial legislation - Interpretive and constructive doctrines

Appeal from a judgment of the New Brunswick Court of Appeal dismissing an application for leave to appeal a decision declaring s. 134(b) of the Liquor Control Act (LCA) of no force or effect with respect to Comeau. ... [read more]

Thursday, April 19, 2018 @ 8:38 AM

FEDERAL INCOME TAX - Charities - Revocation of registration - Appeals - Federal Courts - Appeals - Practice and procedure

Motion by the appellant, the Humane Society of Canada Foundation, for orders requiring document disclosure by the respondent, the Minister of National Revenue. ... [read more]

Thursday, April 19, 2018 @ 8:36 AM

MAINTENANCE AND SUPPORT - Child support - Spousal support - Circumstances where order refused - Retroactive awards

Application by the plaintiff Executor of the Stalzer Estate for retroactive child support and occupation rent. ... [read more]

Wednesday, April 18, 2018 @ 8:46 AM

CLASS OR REPRESENTATIVE ACTIONS - Procedure - Appeals - Appeal as of right - Leave to appeal - Time to appeal - Extension of time

Motion by the underwriter defendants to quash the plaintiff’s appeal of the decision denying certification of their class proceeding against the underwriters. ... [read more]

Wednesday, April 18, 2018 @ 8:44 AM

PROCEEDINGS - Practice and procedure - General principles - Legislation - Interpretation - Statutes - Limitation periods

Motion by a home inspector to have the claim against him dismissed. ... [read more]

Tuesday, April 17, 2018 @ 8:46 AM

PROCEDURE - Trials - Stay of proceedings

Appeals by the Crown from two separate orders staying charges against the accused, D'Allesandro and Dubensky. ... [read more]

Tuesday, April 17, 2018 @ 8:44 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Fundamental freedoms - Freedom of thought, belief, opinion and expression - Freedom of expression

Appeal by Bracken from a decision of an application judge finding that his right to freedom of expression had not been infringed when he was prohibited from carrying an offensive sign in Niagara Parks and declining to determine whether an oral trespass notice issued against him by the Niagara Parks Police (NPP) infringed his rights under s. 2(b) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]