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Friday, November 19, 2021 @ 2:24 PM

PROVINCIAL AND TERRITORIAL TAXATION - British Columbia - Sales tax - Persons liable for tax - Exemptions

Appeal by the Province from a decision allowing the respondent’s appeal from assessment of PST. The respondent Chemainus Gardens managed a residential community on land it leased from a related corporation. In the course of its business, Chemainus purchased Park Model trailers and resold them to its customers. ... [read more]

Friday, November 19, 2021 @ 9:20 AM

CUSTODY, PARENTING AND ACCESS - Best interests of children - Conduct of parents - Primary residence

Appeal by the husband from trial judgment awarding the wife primary care, allowing her unjust enrichment claim and awarding her $30,000 in costs. The parties separated in 2018 after an eight-year common law relationship. The children resided with the wife after separation. ... [read more]

Friday, November 19, 2021 @ 9:19 AM

JURISDICTION - Determination of - Real and substantial connection - Forum conveniens

Appeal by the defendants from a decision refusing to stay or dismiss the respondent Kyko Global’s action against them. The appellants were a law firm based in Mumbai, India, and a senior partner of that firm. The respondent Kyko, an Ontario corporation, retained the appellants to provide an opinion on the enforceability of a guarantee to be provided by a publicly-traded company in India. The guarantee was security for a trade finance facility provided by Kyko to another Indian company. The guarantee had Ontario choice of law and forum provisions. ... [read more]

Thursday, November 18, 2021 @ 5:06 PM

SENTENCING - Particular sanctions - Imprisonment - Intermittent

Appeal by the accused from an order allowing the Crown’s application to vary an intermittent sentence by collapsing it into a continuous jail sentence. The appellant pleaded guilty to various offences. He was granted an intermittent sentence due to his personal circumstances. ... [read more]

Thursday, November 18, 2021 @ 4:58 PM

CIVIL PROCEDURE - Courts - Jurisdiction - Provincial and territorial courts

Application by the respondent for an order quashing the appeal for lack of jurisdiction. The appellant challenged the validity of s.13(2) of the Small Claims Act on the basis that it contravened s.15(1) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Wednesday, November 17, 2021 @ 2:28 PM

EVIDENCE - Burden and standard of proof - Witnesses - Credibility

Appeal by the accused from conviction for sexual assault and uttering threats. The appellant argued that the judge erred in reversing the burden of proof, in her credibility analysis, and that she misapprehended the evidence before her. ... [read more]

Wednesday, November 17, 2021 @ 9:44 AM

NEGLIGENCE - Duty and standard of care - Fiduciary duty

Appeal by the plaintiff, Wallace, from dismissal of her action against the defendants, the Faith Community Church and its pastor. ... [read more]

Tuesday, November 16, 2021 @ 12:55 PM

FRAUDULENT PREFERENCES - Intent to defeat, hinder, delay or prejudice creditors

Appeal by Lindner from an order declaring a settlement agreement to be fraudulent and void as against the respondents, her husband’s creditors. ... [read more]

Tuesday, November 16, 2021 @ 11:29 AM

PUBLIC UTILITIES - Regulatory tribunals - Appeals - Error of law - Electricity

Appeal by AltaLink Management from a decision of the Alberta Utilities Commission that approved an asset transfer on condition the transferees could not recover audit and hearing costs from ratepayers. ... [read more]

Monday, November 15, 2021 @ 5:07 PM

SENTENCING - Offences tending to corrupt morals - Child pornography - Imprisonment

Appeal by the Crown from the suspended sentence imposed following the respondent’s guilty plea to possession and making available child pornography. The respondent’s computer contained 4,321 images and 679 videos of child pornography. ... [read more]