Focus On

Digests

Latest

Friday, May 29, 2020 @ 9:25 AM

CONSPIRACY - Nature and elements of tort of conspiracy

Appeal by the wife from partial summary judgment dismissing her conspiracy claim as not raising a genuine issue requiring trial. ... [read more]

Friday, May 29, 2020 @ 9:18 AM

REGULATED OCCUPATIONS - Police officers - Common law duties and powers

Appeal by the plaintiff from a trial judgment dismissing his action for damages and declaratory relief for Charter breaches. ... [read more]

Thursday, May 28, 2020 @ 9:18 AM

CROWN - Government boards and commissions - Jurisdiction to review - Legislation

Appeal by the Attorney General of Canada from a Federal Court judgment that granted the respondent’s judicial review application and set aside a decision of the Commissioner of Lobbying not to conduct an investigation under the Lobbying Act. ... [read more]

Thursday, May 28, 2020 @ 9:08 AM

WRONGFUL DISMISSAL DAMAGES - Deductions

Appeal by the employer from summary judgment allowing the respondent’s claim for wrongful dismissal and awarding her damages equal to the salary payable to her for the remainder of the fixed term contract. ... [read more]

Wednesday, May 27, 2020 @ 6:19 AM

ELEMENTS OF THE OFFENCE - Actus reus

Appeal by Hweld from a decision of the Summary Conviction Appeal Court (“SCAC”) that allowed the Crown’s appeal from acquittal on a charge of driving in a lane occupied by a stopped emergency vehicle. ... [read more]

Wednesday, May 27, 2020 @ 6:14 AM

CORPORATIONS - Duties and powers of directors

Appeal by the Martins from the trial judgment finding the appellant wife breached her obligation as a fiduciary not to allow a conflict of her duty as a director of ALPC with her own interests and was liable to ALPC under the corporate opportunity doctrine. ... [read more]

Tuesday, May 26, 2020 @ 9:12 AM

INSURERS - Duty to defend

Appeal by AGI Insurance from a decision finding that it must defend the action, must pay the cost of defending the action subject to indemnification of costs, if any, from Lloyd’s upon final resolution of the action but could not participate in the defence by retaining or instructing counsel. ... [read more]

Tuesday, May 26, 2020 @ 9:12 AM

CUSTOMS AND EXCISE - Dumping and subsidies - Calculation of normal value

Application by Angang Steel and Angang International for judicial review from a final determination of dumping made by the President of the Canada Border Services Agency. ... [read more]

Monday, May 25, 2020 @ 9:40 AM

PROCEEDINGS - Practice and procedure

Appeal by the Executor of the Adams Estate and the Salvation Army from an order directing a trial on the issue of proof of the Will in solemn form. ... [read more]

Monday, May 25, 2020 @ 9:33 AM

JUDICIAL REVIEW OR STATUTORY APPEAL - Matters not subject to review

Application by Sprague for judicial review of the respondent Hospital’s no visitor policy imposed because of the COVID-19 pandemic on the basis that it infringed his rights under ss. 7, 12 and 15 of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]