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Digests

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Friday, March 27, 2020 @ 9:26 AM

PROCEEDINGS - Parties - Standing - Limitation periods

Appeal by the defendant Schumilas from a decision of a motion judge dismissing his motion for dismissal of the action against him on the basis that any right to assert a claim against him arose when the respondent was an undischarged bankrupt and, therefore, the cause of action vested with his trustee in bankruptcy. ... [read more]

Thursday, March 26, 2020 @ 9:36 AM

GOODS AND SERVICES TAX (GST) - Taxable supply - Zero-rated supplies - Drugs and biochemicals

Appeal by Patterson Dental from the dismissal of its appeal from an assessment made under the Excise Tax Act. ... [read more]

Thursday, March 26, 2020 @ 9:31 AM

BARRISTERS AND SOLICITORS - Liability - Real estate transactions 

Appeal by the defendant law firm from the dismissal of its application to strike the respondents’ notice of civil claim. ... [read more]

Wednesday, March 25, 2020 @ 9:21 AM

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

Appeal by Foster from his conviction for sexual assault. During an evening watching movies together, the complainant and the appellant had sexual intercourse. They had not discussed having sex and no words were spoken during the sexual activity. ... [read more]

Wednesday, March 25, 2020 @ 9:17 AM

LIENS - Lienable interests - Roads, highways, streets

Appeal by PLC Construction from a decision finding that the Builders’ Lien Act applied to the contract between PCL and the respondent City and to any sub-subcontracts flowing from it. ... [read more]

Tuesday, March 24, 2020 @ 9:15 AM

WRONGFUL DISMISSAL - Reasonable notice period or wages in lieu - Employer's bad faith

Appeal by Total Recovery Limited (TRL) from a wrongful dismissal award in favour of four employees, Marin, Allain, LeBlanc and Bourque. ... [read more]

Tuesday, March 24, 2020 @ 9:09 AM

CUSTODY AND ACCESS - Conduct of parents - Abuse or neglect of child

Appeal by the mother from an order reinstating unsupervised access by the father to their 6-year-old child. ... [read more]

Monday, March 23, 2020 @ 9:35 AM

APPEALS - Miscarriage of justice - Powers of appellate court - To receive new evidence

Appeal by Cerna from his convictions for five offences including assault with a weapon and attempting to obstruct justice and application to withdraw his guilty pleas. ... [read more]

Monday, March 23, 2020 @ 9:29 AM

CIVIL PROCEDURE - Parties - Vexatious litigants

Motion by the defendant for a vexatious litigant order against the plaintiff. The plaintiff, who resided in Ontario, was involved in 67 reported legal proceedings in the last five years, largely related to unfounded allegations of racism. ... [read more]

Friday, March 20, 2020 @ 9:58 AM

FINANCE - Taxation - Real or immovable property assessment

Appeal by three commercial property owners from a chambers judge’s decision setting aside the City of Edmonton Assessment Review Board’s decision excluding evidence from the appellants’ assessment appeals. ... [read more]