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Digests

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Tuesday, July 17, 2018 @ 10:07 AM

JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness

Application by an auction house for judicial review of a Canadian Cultural Property Export Review Board decision to delay the issue of an export permit. ... [read more]

Tuesday, July 17, 2018 @ 9:58 AM

GOODS AND SEVICES TAX (GST) - Collection and remittance - Deemed trust

Application by the Crown for money that a bank received from a customer in payment of a loan secured by a mortgage. The customer collected but failed to remit GST. ... [read more]

Monday, July 16, 2018 @ 9:20 AM

PATENTS - Criteria for patent protection - Utility

Action by the plaintiff for damages for patent infringement. The plaintiff alleged that the defendants infringed a patent for a “safe gaming system,” the purpose of which was to monitor gaming activities to mitigate problem gambling. ... [read more]

Monday, July 16, 2018 @ 9:03 AM

CIVIL PROCEDURE - Parties - Third party procedure - Striking out or setting aside

Application by the third party law firm Ahlstrom, Wright, Oliver & Cooper LLP (AWOC) to strike the third party notice. The 139 plaintiffs in the action were survivors of sexual abuse perpetrated on them by a teacher or social worker who were employees of the government of the Northwest Territories when they committed their crimes. ... [read more]

Friday, July 13, 2018 @ 3:45 PM

CIVIL EVIDENCE - Documentary evidence - Medical records

Appeal by the Province of British Columbia (Province) from a judgment of the British Columbia Court of Appeal affirming a decision finding that databases collected by the Province containing health care information were compellable in the context of the Province’s claim against Philip Morris International Inc. (Philip Morris) and other tobacco companies for the cost of health care benefits. ... [read more]

Friday, July 13, 2018 @ 10:10 AM

CONDOMINIUMS - Adherence to bylaws and rules - Voting rights

Appeal by a unit owner, Goertz, from dismissal of his application seeking declaratory relief. The appellant developed the land and condominium units that became registered as the respondent, the Owners Condominium Plan No. 98SA12401. ... [read more]

Friday, July 13, 2018 @ 10:00 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Inferences of guilt

Appeal by the accused, McLellan, from a conviction for first degree murder, and by the accused, Mullen, from a conviction for second degree murder. ... [read more]

Thursday, July 12, 2018 @ 9:58 AM

PROCEEDINGS - Practice and procedure - Costs - Considerations

Appeal by the plaintiff purchaser from a summary judgment awarding damages and no costs. The defendant vendors refused to close a transaction for the plaintiff to purchase their property. ... [read more]

Thursday, July 12, 2018 @ 9:49 AM

PUBLIC PENSION PLANS - Canada Pension Plan - Calculations - Contributory self-employed earnings

Appeal by the taxpayer from a Tax Court decision dismissing the appellant’s appeal from a reassessment and confirming that he was liable for a CPP contribution in relation to income allocated to him after he retired from a partnership. ... [read more]

Wednesday, July 11, 2018 @ 8:22 AM

FEDERAL INCOME TAX - Computation of tax - Individuals - Tax credits - Child tax benefits

Appeal by Almadhoun from a Tax Court decision finding she was not an eligible individual for the purpose of receiving child tax benefits (CTB). ... [read more]