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Digests

Latest

Wednesday, July 11, 2018 @ 8:14 AM

SENTENCING - Imprisonment - Probation - Time already served - Jurisdiction to impose sentence

Appeal by the offender, Walsh, from a sentence for aggravated assault and assault with a weapon. ... [read more]

Tuesday, July 10, 2018 @ 10:36 AM

CIVIL PROCEDURE - Disposition without trial - Stay of action - Another proceeding pending

Appeal by the plaintiff, Greengen, from an order staying its civil claim against the Province pending disposition of a parallel judicial review proceeding. ... [read more]

Tuesday, July 10, 2018 @ 10:16 AM

DISCRIMINATION - Prohibited grounds - Religion - Context - Education

Appeal by the Academy from a decision confirming a Human Rights Tribunal decision that the appellant unlawfully discriminated against two high school students by prohibiting them from performing prescribed forms of prayer on campus. ... [read more]

Monday, July 09, 2018 @ 9:22 AM

AUTOMOBILE INSURANCE - Exclusions - Uninsured or underinsured motorist coverage

Appeal by the plaintiff from a determination of law resulting in the dismissal of his action. The appellant was injured while a passenger in his wife’s vehicle when it was driven without consent by an uninsured driver and involved in an accident. ... [read more]

Monday, July 09, 2018 @ 9:12 AM

CONSTITUTIONAL LAW - Canadian Charter of Rights and Freedoms - Fundamental freedoms - Freedom of expression

Application by Hamilton for a declaration that the Ambulance Services Bargaining Act violated s. 2(d) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Friday, July 06, 2018 @ 1:40 PM

EXPROPRIATION - Grounds for contestation - Illegality of enabling provision - By a municipality

Appeal by Ville de Lorraine (Lorraine) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court which dismissed 2646 8926 Québec inc.’s (2646) action in nullity. ... [read more]

Friday, July 06, 2018 @ 8:29 AM

Prison administration - Conditions and treatment - Rights of prisoners

Application by Johnson, a federal penitentiary inmate, for judicial review of a decision of the Assistant Commissioner that denied his final level grievance of Correctional Service of Canada's provision of powdered milk in its National Food Menu. ... [read more]

Friday, July 06, 2018 @ 8:28 AM

SALE OF LAND - Agreement of purchase and sale - Collateral terms - Warranty

Appeal by the vendors from a decision of an application judge finding that appellants breached their representation and warranty contained in an illegal substances clause which entitled the purchasers to rescind the agreement and obtain the return of the deposit. ... [read more]

Thursday, July 05, 2018 @ 8:47 AM

BARRISTER AND SOLICITORS - Legal aid - Right to legal aid

Appeal by P and the Human Rights Commission from a decision setting aside a decision of the Commission that the Legal Aid Commission’s policy of not funding legal counsel for human rights complaints discriminated against disabled complainants. ... [read more]

Thursday, July 05, 2018 @ 8:44 AM

WRONGFUL DISMISSAL - Constructive dismissal - Change to job content or status

Appeal by the employer, Ocean Nutrition, from a wrongful dismissal judgment and award in favour of the employee, Matthews. ... [read more]