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Digests

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Friday, April 20, 2018 @ 8:41 AM

PROCEDURE - Trial judge's duties - Charge or directions - Evidence of witnesses

Appeal by the accused, Matchett, from a conviction for sexual assault. ... [read more]

Thursday, April 19, 2018 @ 1:16 PM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Provincial or territorial legislation - Interpretive and constructive doctrines

Appeal from a judgment of the New Brunswick Court of Appeal dismissing an application for leave to appeal a decision declaring s. 134(b) of the Liquor Control Act (LCA) of no force or effect with respect to Comeau. ... [read more]

Thursday, April 19, 2018 @ 8:38 AM

FEDERAL INCOME TAX - Charities - Revocation of registration - Appeals - Federal Courts - Appeals - Practice and procedure

Motion by the appellant, the Humane Society of Canada Foundation, for orders requiring document disclosure by the respondent, the Minister of National Revenue. ... [read more]

Thursday, April 19, 2018 @ 8:36 AM

MAINTENANCE AND SUPPORT - Child support - Spousal support - Circumstances where order refused - Retroactive awards

Application by the plaintiff Executor of the Stalzer Estate for retroactive child support and occupation rent. ... [read more]

Wednesday, April 18, 2018 @ 8:46 AM

CLASS OR REPRESENTATIVE ACTIONS - Procedure - Appeals - Appeal as of right - Leave to appeal - Time to appeal - Extension of time

Motion by the underwriter defendants to quash the plaintiff’s appeal of the decision denying certification of their class proceeding against the underwriters. ... [read more]

Wednesday, April 18, 2018 @ 8:44 AM

PROCEEDINGS - Practice and procedure - General principles - Legislation - Interpretation - Statutes - Limitation periods

Motion by a home inspector to have the claim against him dismissed. ... [read more]

Tuesday, April 17, 2018 @ 8:46 AM

PROCEDURE - Trials - Stay of proceedings

Appeals by the Crown from two separate orders staying charges against the accused, D'Allesandro and Dubensky. ... [read more]

Tuesday, April 17, 2018 @ 8:44 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Fundamental freedoms - Freedom of thought, belief, opinion and expression - Freedom of expression

Appeal by Bracken from a decision of an application judge finding that his right to freedom of expression had not been infringed when he was prohibited from carrying an offensive sign in Niagara Parks and declining to determine whether an oral trespass notice issued against him by the Niagara Parks Police (NPP) infringed his rights under s. 2(b) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Monday, April 16, 2018 @ 8:56 AM

CUSTODY AND ACCESS - Considerations - Best interests of child - Maximum contact principle - Custody - Sole custody - Access - Primary residence - Removal of child from jurisdiction

Appeal by Brand from an order granting Reeves sole custody with permission to relocate from Ontario to Nova Scotia with the child. ... [read more]

Monday, April 16, 2018 @ 8:54 AM

ELEMENTS OF THE OFFENCE - Actus reus - Mens rea - Insanity or mental disorder - Finding of not criminally responsible

Appeal by the accused, McBride, from a finding she committed criminal harassment, and from a verdict finding her not criminally responsible (NCR) on account of mental disorder. ... [read more]