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Thursday, November 19, 2020 @ 6:10 AM

PROSECUTION - Private prosecutors and prosecutions - Prosecutorial discretion

Appeal by PC from the dismissal of his application for orders in lieu of mandamus and certiorari to compel the issuance of process and to quash a stay entered by the Crown. ... [read more]

Thursday, November 19, 2020 @ 6:10 AM

BARRISTERS AND SOLICITORS - Compensation - Contingency agreements 

Appeal by Tallcree First Nation (Tallcree) from a Review Officer’s (RO’s) decision with respect to Tallcree’s contingency fee agreement entered into with the respondents Rath and Rath & Company in October 2015. ... [read more]

Wednesday, November 18, 2020 @ 6:24 AM

EVIDENCE - Admissions - Methods of proof - Similar fact evidence - Inferences

Appeal by Lo from his conviction, by jury, on three counts of sexual assault. The appellant, a psychologist, engaged in relaxation therapy as part of the treatment he provided. Three of his patients claimed the appellant’s massages progressed from their shoulders to rubbing and caressing their genitals. ... [read more]

Wednesday, November 18, 2020 @ 6:24 AM

FEDERAL INCOME TAX - Computation of tax - Individuals - Tax credits - Charitable donations

Appeal by van der Steen from a Tax Court judgment that denied his claim for a charitable donation tax credit in relation to a payment he made to the Canadian Literacy Enhancement Society in 2004. ... [read more]

Tuesday, November 17, 2020 @ 6:44 AM

PROCEDURE - Pleas - Setting aside guilty plea

Appeal by Lam from his guilty plea and conviction for possession of cocaine for the purpose of trafficking. During an undercover drug investigation that targeted Tran, officers came to believe the appellant was Tran’s supplier. ... [read more]

Tuesday, November 17, 2020 @ 6:43 AM

REGULATION OF PROFESSION - Professional and ethical standards

Appeal by Hughes from a determination by the respondent Law Society finding the appellant guilty of breaching the ethical conduct rules. ... [read more]

Monday, November 16, 2020 @ 9:09 AM

CUSTOMS AND EXCISE - Customs - Tariff classification - Imports

Appeal by the Attorney General from a decision of the Canadian International Trade Tribunal regarding the tariff classification of disposable shoe covers imported by the respondent. ... [read more]

Monday, November 16, 2020 @ 9:03 AM

GOVERNMENT ASSISTANCE PROGRAMS - Social assistance - Recovery from recipient - Overpayments

Application by Cann for leave to appeal an order by the Social Services Appeal Board confirming a decision to claw back income assistance benefits. ... [read more]

Friday, November 13, 2020 @ 6:24 AM

SENTENCING - Imprisonment - Intermittent - Sentencing considerations - Charter, benefit of lesser punishment

Application by six accused alleging their inability to mitigate the effect of a mandatory jail sentence because of the practical unavailability of an intermittent sentence violated their Canadian Charter of Rights and Freedoms (Charter) rights. ... [read more]

Friday, November 13, 2020 @ 6:24 AM

BINDING ARBITRATION - Legislation - Interpretation - Jurisdiction of the court to review

Motion by Toronto Standard Condominium Corp. No. 1628 (Condo 1628) to quash the appeal brought by Toronto Standard Condominium Corp. No. 1636 (Condo 1636), Soho Grand Condominiums and Soinco Ltd. from an order of a motion judge that refused to stay a court proceeding in favour of arbitration. ... [read more]