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Friday, May 14, 2021 @ 6:18 AM

SECURED TRANSACTIONS - Priority rules - Purchase-money security interests

Appeal by Farm Credit Canada from an order distributing monies paid into court to the respondent, Gustafson. The respondent was a farmer who financed the purchase of two combines and related equipment. ... [read more]

Friday, May 14, 2021 @ 6:17 AM

GIFTS - Inter vivos - Validity of transfer - Proof of gift

Appeal by the Zachariadis estate trustees from summary judgment dismissing their claim against the defendants, the Giannopoulos estate trustees. In 1996, Zachariadis began a relationship with Giannopoulos. ... [read more]

Thursday, May 13, 2021 @ 6:21 AM

MOTOR VEHICLES AND HIGHWAY TRAFFIC - Liability - Photo radar

Appeal by the accused, Bernier, from a summary conviction appellate decision affirming the constitutionality of the photo radar speeding offence provisions. The accused was charged with two counts of speeding as owner of a vehicle detected by photo radar. ... [read more]

Thursday, May 13, 2021 @ 6:21 AM

PATENTS - Criteria for patent protection - Novelty

Appeals by Apotex from a Federal Court judgment upholding the claims in a patent held by the Shire respondents and refusal of issuance of a Notice of Compliance (NOC). ... [read more]

Wednesday, May 12, 2021 @ 6:09 AM

DISCIPLINE AND TERMINATION OF EMPLOYMENT - Conflict of interest

Appeal by the defendant GWR Resources from the award of $72,500 in contractual damages to the respondent Eisler for wrongful dismissal and the dismissal of its counterclaim. ... [read more]

Wednesday, May 12, 2021 @ 6:09 AM

WRONGFUL DISMISSAL - Constructive dismissal - Change to remuneration - Economic conditions

Action by Kosteckyj for damages for wrongful dismissal. Kosteckyj commenced employment with Apache Canada as a Senior Integrity Engineer in October 2013. In August 2017, the defendant Paramount Resources took over the business of Apache in Canada and continued Kosteckyj’s employment. ... [read more]

Tuesday, May 11, 2021 @ 6:21 AM

PROCEDURE - Trials

Application by the Crown to compel the accused Stephens to remove his COVID-19 mask for the purposes of dock identification. The issue arose partway through Stephens’ jury trial for second degree murder. ... [read more]

Tuesday, May 11, 2021 @ 6:20 AM

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

Determination of the appropriate amount of Tallcree First Nation’s (Tallcree’s) account with Rath & Company and Rath (Rath). ... [read more]

Monday, May 10, 2021 @ 9:23 AM

CONDOMINIUMS - Unit holders - Duties of - Adherence to bylaws and rules

Appeal by Ryan from an order of improper conduct pursuant to s. 67(2) of the Condominium Property Act. The appellant co-owned a unit within a 376-unit residential condominium complex. ... [read more]

Monday, May 10, 2021 @ 9:18 AM

EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE - Abuse of process

Appeal by the accused, Tyndall, from an extradition committal order with an application for judicial review of the Minister’s related surrender order. ... [read more]