Focus On



Friday, October 15, 2021 @ 5:58 AM

CIVIL PROCEDURE - Costs - For reprehensible or inefficient conduct 

Appeal by Grafton Management Inc. from the decision of a motions judge awarding the appellant $2,410 in costs for its motion for an order requiring document disclosure and an order granting leave to amend the statement of claim and from the judge’s finding of professional misconduct. ... [read more]

Friday, October 15, 2021 @ 5:57 AM

CIVIL PROCEDURE - Disposition without trial - Delay or failure to prosecute

Appeal by the plaintiff from a decision dismissing his action for want of prosecution. The action was commenced in 2013. In September 2014 the plaintiff’s lawyer advised the appellant had secured new employment and that a settlement proposal would be forthcoming. ... [read more]

Thursday, October 14, 2021 @ 5:59 AM

EVIDENCE - Methods of proof - Admissions - Circumstantial evidence

Appeal by the Crown from the respondent’s acquittal on a charge of second degree murder. The victim was stabbed in his apartment. His hair, face, and hands were covered in a brown substance that appeared to be chocolate sauce. It was admitted at trial that the respondent, who resided in the same building, was in the victim’s apartment on the day of the murder. ... [read more]

Thursday, October 14, 2021 @ 5:58 AM

INTERESTS IN LAND - Extinguishment of easement - Release by dominant owner - By implication

Appeal by property owners from a decision dismissing their application for a declaration that rights of way registered on title in favour of two neighbouring properties were abandoned. The appellants purchased 121 Massey Street in 2017 and wanted to build a larger home on it. ... [read more]

Wednesday, October 13, 2021 @ 6:18 AM

PROCEDURE - Trial judge’s duties - Assessing credibility of witnesses

Appeal by the accused, Algiak, from a conviction and sentence for sexual assault. The complainant testified that she spent a day drinking with her cousin while housesitting for a friend. She acknowledged that she became heavily intoxicated with periods of blackouts. ... [read more]

Wednesday, October 13, 2021 @ 6:18 AM

GOVERNMENT ASSISTANCE PROGRAMS - Social assistance - Funding and payments - Recovery from recipient - Overpayments

Appeal by Cann from an order of the Social Services Appeal Board dismissing his appeal from the Director’s decision clawing back $378 of the appellant’s monthly income assistance benefits after he received a payment of $740 under the Canada Emergency Response Benefit (CERB) program. ... [read more]

Tuesday, October 12, 2021 @ 5:55 AM

PUBLIC UTILITIES - Regulatory tribunals - Jurisdiction of board

Appeal by the City of Coquitlam from a decision by the Utilities Commission Reconsideration Panel permitting FortisBC Energy to abandon a decommissioned pipeline. In 2015, the Commission issued a certificate of public convenience and necessity that approved Fortis’s pressure system upgrade projects. ... [read more]

Tuesday, October 12, 2021 @ 5:54 AM

HEALTH CARE PROFESSIONALS - Discipline - Identifying objectionable conduct

Appeal by a pharmacist from a finding of professional misconduct made against him by the Alberta College of Pharmacy and the sanctions imposed. The complaints mainly related to the appellant’s alleged misuse of the Alberta Health Services electronic database. ... [read more]

Friday, October 08, 2021 @ 6:09 AM

NEGOTIABLE INSTRUMENTS AND BILLS OF EXCHANGE - Bills, cheques and notes - Payment - Material alteration

Appeal by the plaintiff, a lawyer representing the lender, from summary judgment dismissing his action for enforcement of two promissory notes. The 2006 note was for a $531,000 loan to Chedli and his wife. It was secured by a collateral mortgage on the couple’s home held solely in the wife’s name. ... [read more]

Friday, October 08, 2021 @ 6:08 AM

SENTENCING - Sexual assault - Specific deterrence - Previous record - Dated - Domestic abuse  

Appeal by the accused from a sentence of 24 months’ imprisonment for sexual assault. The complainant was his spouse YZ. They were separated at the time but working on reconciling. The accused entered the home through an unlocked door to the garage and entered her bedroom. ... [read more]