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Tuesday, June 08, 2021 @ 6:13 AM

LIMITED PARTNERSHIPS - Formation - Ability to sue

Appeal by the Balcom and Madden defendants from dismissal of their application for relief in respect of a derivative action on behalf of a limited partnership. Asher Place Senior Residency Limited Partnership was a limited partnership created under the Partnership Act. ... [read more]

Tuesday, June 08, 2021 @ 6:13 AM

REGULATORY FRAMEWORK - Mediation

Appeal by the insured from an order appointing a representative for the purpose of mandatory dispute resolution with the respondent insurer. In 2016, a tree fell on the appellants’ property during a windstorm and caused significant damage to their home. ... [read more]

Tuesday, June 08, 2021 @ 6:12 AM

APPEALS - Grounds - Miscarriage of justice

Appeal by the accused, Crowe, from impaired care and control of a motor vehicle. Police responded to a 911 call requesting assistance to remove intoxicated individuals from a residence. ... [read more]

Monday, June 07, 2021 @ 9:39 AM

CHILD PROTECTION - Protective agencies and institutions - Apprehension of child

Appeal by the mother from a 2020 apprehension order granted following the ex parte application of the Director of Child and Family Services. The mother’s child was of Indigenous descent. The mother and father had a history of family violence. ... [read more]

Monday, June 07, 2021 @ 9:26 AM

INTERESTS IN LAND - Restrictive covenants - Modification and discharge

Appeal by New Casa Holdings from dismissal of an application to remove a restrictive covenant. The appellant owned residential land located in a Calgary neighbourhood. In 1912, a restrictive covenant provided that only one house could be constructed on the lands, and that a setback of 25 feet from the street was required for construction. ... [read more]

Monday, June 07, 2021 @ 9:14 AM

CONTROLLED DRUGS AND SUBSTANCES - Constructive possession

Appeal by the accused, Chui, from a conviction for two counts of possession for the purpose of trafficking and possession of property obtained by crime. Police conducted surveillance of an apartment property after a tip from a confidential informant. ... [read more]

Friday, June 04, 2021 @ 5:45 AM

SECURED TRANSACTIONS - Application of principles of law and equity

Reconsideration by the Saskatchewan Court of Appeal of its decision in Input Capital Corp. v. Gustafson following remand by the Supreme Court of Canada (SCC). Input and Gustafson entered several contracts whereby Gustafson agreed to sell high quantities of canola in exchange for advance payments totalling $4.5 million. ... [read more]

Friday, June 04, 2021 @ 5:44 AM

EXECUTORS AND ADMINISTRATORS - Duty to account

Appeal by a beneficiary’s estate from a chambers judge’s refusal of an accounting by the estate of the beneficiary’s mother. Prior to his passing, Franklin was a beneficiary under his mother’s will with his three siblings. ... [read more]

Thursday, June 03, 2021 @ 5:50 AM

SALE OF LAND - Fraudulent misrepresentation - Quality defects

Appeal by the defendant vendor from refusal of summary judgment dismissing the action by the plaintiff purchaser. The vendor purchased the subject property in 2007. ... [read more]

Thursday, June 03, 2021 @ 5:49 AM

CROWN - Crown liability for acts of servants

Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CM allegedly sexually assaulted the appellant at an air cadet camp. ... [read more]