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Friday, June 10, 2022 @ 5:46 AM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the police - Voluntariness

Appeal by SC from conviction for sexual assault. The complainant alleged the appellant sexually assaulted her when they were socializing at his house. The appellant denied the allegation. The day prior to the commencement of the trial, defence counsel advised the Crown that SC would waive the need for a voir dire with respect to the voluntariness of a statement he made to the police when he was arrested. ... [read more]

Friday, June 10, 2022 @ 5:45 AM

COPYRIGHT - Remedies - Damages - Compensatory - Punitive or exemplary

Appeal from an order awarding reduced amount of statutory damages to the respondent RallySport Direct LLC (RallySport) under s. 38.1 of the Copyright Act and from an award of exemplary and punitive damages. RallySport was an American corporation that sold aftermarket specialized automotive components and accessories via the internet. ... [read more]

Thursday, June 09, 2022 @ 6:08 AM

ENVIRONMENTAL LEGISLATION - Approvals, licences and orders - Land - Pesticides and herbicides

Appeal by Safe Food Matters Inc. (Safe Food) from the dismissal of its application for judicial review of the dismissal of its objection in the re-evaluation of a pesticide approval. Safe Food was a non-profit organization dedicated to promoting public health and protecting the environment by educating Canadians about the safety of food production technologies. ... [read more]

Thursday, June 09, 2022 @ 6:07 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Official languages of Canada

Appeal by the Fédération des francophones de la Colombie-Britannique (Association) from the dismissal of its application under s. 77(1) of the Official Languages Act (OLA) alleging a violation of the Canadian Charter of Rights and Freedoms (Charter). The Association was a non-profit organization that acted as a spokesperson for the francophone community in British Columbia. ... [read more]

Wednesday, June 08, 2022 @ 5:41 AM

PLANNING AND DEVELOPMENT - Building permits - Grounds for refusal - Development permits - Legal non-conformity - Downzoning

Appeal by G.S.R. Capital Group Inc. (GSR) from the dismissal of its judicial review application. GSR owned property in the city of White Rock that it wished to develop. The property was in an area designated in White Rock’s official community plan as a “development permit area”. In July 2018, White Rock issued GSR a development permit in respect of a proposed 12-story residential building. ... [read more]

Wednesday, June 08, 2022 @ 5:41 AM

CIVIL PROCEDURE - Lis pendens (certificate of pending litigation) – Availability - Title to land in issue

Appeal by Unterschultz from the chambers judge’s order to release the amount of the sale proceeds on the grounds that the chambers judge erred by holding that the certificate of lis pendens only encumbered AG Partner's right to the proceeds under the loan agreement with Norcan, rather than the full amount held in trust. ... [read more]

Tuesday, June 07, 2022 @ 6:40 AM

REGISTRATION OF DOCUMENTS - Caveats or cautions

Appeal by Moe and Moe-Villa Investments Ltd. from the chambers judge’s decision which authorized Morrison to file a caveat on the Glenora Crescent property (“property”) on the grounds that the title of the property was in the name of a third party. Morrison and Moe were married. The property in question was purchased by Moe’s parents, and the parties started residing in it at that time. Moe’s parents transferred the property to her. ... [read more]

Tuesday, June 07, 2022 @ 6:40 AM

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

Appeal by the mother from a series of orders made by the chambers judge. In 2012, the mother and her six-month-old daughter, M, both German citizens, came to Canada. The parties met and started cohabiting in June 2015. They married in August 2016 and separated in 2019. Two children were born during the relationship, in 2016 and 2017. ... [read more]

Monday, June 06, 2022 @ 9:28 AM

APPEALS - Grounds - Bias - Insufficient reasons

Appeal by Ouellette from his convictions for first degree and second degree murder. Appeal by Delaire from his conviction for manslaughter. Ouellette’s convictions related to the shooting deaths of Reitberger and Amr in a Superstore parking lot in Calgary on May 21, 2017. Delaire was convicted of manslaughter for abetting Ouellette to shoot Reitberger. ... [read more]

Monday, June 06, 2022 @ 9:21 AM

REMEDIES - Reinstatement

Appeal by Mittelstadt from a chambers judge’s interpretation of a human rights tribunal decision ordering reinstatement. Mittelstadt successfully applied for a position with the respondent University as an assistant whose job duties would be split between the University’s special collections library and its archives. Three weeks into her job, Mittelstadt’s brother died tragically. Mittelstadt was profoundly impacted by her brother’s death and, as a result, her job performance was less than satisfactory. ... [read more]