Focus On



Friday, June 19, 2020 @ 5:45 AM

WORKPLACE HEALTH AND SAFETY - Offences and enforcement - Due diligence

Appeal by Kal Tire from its conviction under the Occupational Health and Safety Act for failing to ensure that a truck was rendered sufficiently inoperative while being serviced by one of its employees. ... [read more]

Friday, June 19, 2020 @ 5:39 AM

CIVIL PROCEDURE - Appeals - Powers of appellate court

Case management conference to determine how the appeal was to proceed after it was adjourned sine die due to the COVID-19 pandemic emergency. The appellant objected to the appeal proceeding in writing as suggested by the respondents. It argued that this court would not have jurisdiction to hear an appeal in writing over a party’s objection. ... [read more]

Thursday, June 18, 2020 @ 5:37 AM

CRIMINAL CODE OFFENCES - Overcoming resistance to commission of offence

Appeal by GV from his convictions for sexual assault, assault and choking. The complainant, who was high school friends with the appellant, testified at trial that the appellant hit her head against a wall before having sexual intercourse with her and that he choked her while doing so. ... [read more]

Thursday, June 18, 2020 @ 5:31 AM

PATENTS - Procedure - Case management

Appeals by the defendants Apotex and Teva Canada, two generic drug companies, from a decision of a case management judge ordering that the trial of common issues in the respondent Bayer’s actions against two other generic drug companies was to be heard together with the trial of common issues in Bayer’s actions against the appellants. ... [read more]

Wednesday, June 17, 2020 @ 6:21 AM

FEDERAL INCOME TAX - Administration and enforcement - Investigations

Appeal by Roofmart Ontario Inc. from a Federal Court order for production pursuant to s. 231.2(3) of the Income Tax Act. ... [read more]

Wednesday, June 17, 2020 @ 6:20 AM

SALE OF LAND - Express repudiation - By vendor - Specific performance

Appeal by the vendors from trial judgment granting the purchasers specific performance of an agreement of purchase and sale. ... [read more]

Tuesday, June 16, 2020 @ 9:18 AM

CRIMINAL CODE OFFENCES - Sexual assault - Consent

Appeal by the Crown from trial judgment allowing the respondent’s no-evidence motion and acquitting him of sexual assault. ... [read more]

Tuesday, June 16, 2020 @ 9:14 AM

EXPROPRIATION - Entitlement - Compensable interests - Injurious affection

Appeal by the defendant TransLink from a summary trial arising from a class action proceeding. ... [read more]

Monday, June 15, 2020 @ 5:58 AM

UNJUST ENRICHMENT - Remedies - Measure of damages

Appeal by the defendants from trial judgment awarding the respondent damages for breach of contract and unjust enrichment. ... [read more]

Monday, June 15, 2020 @ 5:51 AM

INTERPRETATION - General principles - Context

Appeal by the plaintiff from trial judgment dismissing his claim for breach of contract. ... [read more]