Areas of
Practice

Digests

Latest

Monday, November 28, 2022 @ 9:00 AM

CIVIL PROCEDURE - Class or representative actions - Certification

Appeal by appellants/defendants from certification judge’s decision certifying the action for claims brought against them as class proceeding on grounds that the amended notice of civil claim (ANOCC)was materially deficient, and cross-appeal by plaintiffs/respondents from dismissal of their claims for Charter breaches. Appellants were two ministries of the British Columbia government, and two statutory bodies. The representative plaintiffs suffered abuse when they were minors. ... [read more]

Friday, November 25, 2022 @ 6:35 AM

WRONGFUL DISMISSAL DAMAGES - Damages for mental distress - Punitive damages

Claim for damages by Pohl for wrongful dismissal. In 1992, a 25-year-old Pohl started work at the Hudson’s Bay Company (HBC). Over the next 28 years, he worked his way up within HBC. From 2012 to 2020, Pohl worked as the Sales Manager of eight departments in HBC’s Eglinton Square store. Approximately 30 sales associates reported to him. On September 15, 2020, HBC terminated Pohl’s employment without cause. Pohl sued HBC for wrongful dismissal. ... [read more]

Thursday, November 24, 2022 @ 6:53 AM

CRIMINAL CODE OFFENCES – Sexual assault - Consent - Honest but mistaken belief

Appeal by the Crown from the acquittal of CL on a sexual assault charge of a 15-year-old female complainant. The Crown argued that the trial judge made errors of law in concluding it failed to establish absence of complainant’s consent. The complainant and CL were friends. They were out for a drive together and went back to the complainant’s home. The complainant said CL was invited in to see the home interior. The complainant testified CL pulled her onto the bed and proposed sexual intercourse. ... [read more]

Wednesday, November 23, 2022 @ 6:18 AM

MAINTENANCE AND SUPPORT - Child support - Retroactive awards

Appeal by the father from parenting and child support orders. He argued that the trial judge erred by misapplying the best interests of the child test, including by underemphasizing the importance of the father’s access to the child and by giving insufficient reasons as to why she ignored the agreement reached between the father and mother to substitute child support and overlooked the consent agreement signed in 2016. ... [read more]

Tuesday, November 22, 2022 @ 6:27 AM

ENVIRONMENTAL LIABILITY - Administrative compliance - Fairness - Contaminated land - Site remediation

Application for leave to appeal by the City of Winnipeg from a decision of The Clean Environment Commission (CEC), upholding The Province of Manitoba’s (Director's) designation of the City as a potentially responsible person (PRP) for remediation of an impacted site. The City argued that the CEC breached its duty of fairness and applied the wrong legal test in concluding Winnipeg was a potential PRP. ... [read more]

Monday, November 21, 2022 @ 8:14 AM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Federal legislation - Paramountcy doctrine - Constitutional exemptions

Notice of Constitutional Question filed by Lucier challenging the validity of the issuance of the Gathering and Events Order on the basis that it infringed several of his rights guaranteed by the Canadian Charter of Rights and Freedoms (Charter). Lucier was the Pastor of the Kelowna Harvest Church. He was issued a violation ticket alleging that he contravened the Emergency Program Act (EPA). ... [read more]

Friday, November 18, 2022 @ 6:51 AM

LABOUR RELATIONS - Employees - Discipline - Penalties - Warnings - Harassment

Application for judicial review by Pereira of the Review Officer’s decision. Pereira was employed by the Dexterra Group as a Guest Service Agent and Front Desk Clerk. Pereira was advised by her supervisor that she was the subject of a complaint concerning her behaviour in the workplace and an alleged lack of respect towards her co-workers. Pereira considered that she was being bullied or harassed by false accusations advanced by malicious co-workers. ... [read more]

Thursday, November 17, 2022 @ 6:23 AM

TRUSTS - Constructive trusts - Circumstances when may be recognized - Unjust enrichment

Claim by Kennedy in promissory estoppel and unjust enrichment against Marcotte’s estate and Propp. Kennedy wanted an order that would provide him with title to the farm. In the alternative, he sought financial compensation for the value of the portion of the farm to which he said he was equitably owed. In the further alternative, Kennedy asked for an award equal to the value of the farm labour he provided for the benefit of Marcotte. ... [read more]

Wednesday, November 16, 2022 @ 6:35 AM

EVIDENCE - Witnesses - Credibility - Examination - Corroboration - When required

Appeal by Matthew from conviction in provincial court of single count of sexual assault. It was common ground that Matthew and the complainant arranged to meet at the complainant’s house, watched television in the basement and engaged in consensual sexual intercourse. Their versions of events diverged at that point. ... [read more]

Tuesday, November 15, 2022 @ 6:45 AM

POWERS OF MUNICIPALITY - Regulation of property and activities - Animals - Dangerous dogs - Destruction

Application by the respondent dog owners seeking to have the Originating Application struck on the basis that the Court of King’s Bench had no original jurisdiction to hear matters arising under the Dangerous Dogs Act (DDA). Three dogs owned by the respondents attacked and killed an elderly woman in the Capitol Hill neighbourhood in Calgary. The City of Calgary sought to declare the dogs dangerous and be humanely euthanized. ... [read more]