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Thursday, June 24, 2021 @ 1:00 PM

COMMERCIAL TENANCIES - Lease - Landlord’s obligations - Repair

Appeal by the landlord from a decision finding that the amendment of the lease period was ambiguous and that the lease expired in 2039 at the latest as argued by the tenant. Cross-appeal by the tenant from the determination that the landlord had no duty to replace the roof. ... [read more]

Thursday, June 24, 2021 @ 12:56 PM

COMMUNITIES AND GOVERNANCE - Duties of the Crown - Honour of the Crown

Appeal by the Manitoba Metis Federation (MMF) from the dismissal of its judicial review application of Manitoba’s order-in-council setting aside a term sheet between the MMF and Manitoba Hydro. ... [read more]

Wednesday, June 23, 2021 @ 4:43 PM

WRONGFUL DISMISSAL DAMAGES - Punitive damages

Appeal by the defendant law firm from trial judgment allowing the respondent’s wrongful dismissal claim against it. Cross-appeal by respondent from the dismissal of her claims for punitive damages and general damages for the loss of opportunity to become a lawyer. ... [read more]

Wednesday, June 23, 2021 @ 4:34 PM

SENTENCING - Sexual assault – Particular sanctions - Leniency - Joint submissions

Appeal by the accused, CRH, from a sentence for five counts of sexual assault. The accused, age 42, was a licensed practical nurse with no prior convictions. ... [read more]

Tuesday, June 22, 2021 @ 1:25 PM

MAINTENANCE AND SUPPORT - Child support guidelines - Legislation - Interpretation

Application by the father to have the Federal Child Support Guidelines held ultra vires the Divorce Act. The mother and father married in 2004 and had one child together in 2005. They divorced in 2008. The father paid spousal and child support. Both parents had applications before this Court dealing with ongoing child and spousal support issues. ... [read more]

Tuesday, June 22, 2021 @ 1:13 PM

PRACTICE BY UNAUTHORIZED PERSONS - Suspended or disbarred lawyers

Appeal by Beaver, a disbarred lawyer, from decisions of a chamber judge that found him in civil contempt of court for breaching an injunction prohibiting the appellant from providing legal services and imposed a sentence of one year in jail. ... [read more]

Monday, June 21, 2021 @ 2:35 PM

APPEALS - Powers of appellate court

Motion by the Court to quash appeals and applications brought by the accused, Holland. The accused faced criminal charges with the trial yet to occur. ... [read more]

Monday, June 21, 2021 @ 2:28 PM

CIVIL PROCEDURE - Estoppel by record (res judicata) - Issue estoppel

Appeal by NOVA Chemicals from post-trial ruling of the trial judge. NOVA and the respondents (“Dow”) were involved in ongoing litigation related to the parties’ joint venture to produce ethylene at a plant. ... [read more]

Friday, June 18, 2021 @ 1:32 PM

PUBLIC HEALTH - Infection disease control measures - Courts - Jurisdiction

Application by Daneshvar for judicial review. Daneshvar was 28 years old. He arrived in Canada in 2013 as a refugee from Iran, where he was a soldier with the military for eight years. ... [read more]

Friday, June 18, 2021 @ 1:32 PM

PROCEEDINGS - Evidence - Affidavits

Application by counsel for the personal representatives of an estate to strike part of an affidavit sworn by an estate beneficiary. The affidavit was sworn in an application for an administration freeze, an accounting and case management. ... [read more]