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Digests

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Friday, March 20, 2020 @ 9:43 AM

EVIDENCE - Admissibility - Confessions and statements by the accused - Voluntariness

Appeal by the accused from conviction of first degree murder. The victim was the appellant’s former spouse. ... [read more]

Thursday, March 19, 2020 @ 9:29 AM

ACTIONS BY AND AGAINST CROWN - Crown liability for acts of servants

Appeal by the plaintiffs from a decision striking out their Canadian Charter of Rights and Freedoms (Charter) claims against the respondent Minister without leave to amend for failure to disclose a reasonable cause of action. ... [read more]

Thursday, March 19, 2020 @ 9:23 AM

INTERPRETATION - Express terms

Appeal by the husband from summary judgment permitting the wife’s father to register a demand mortgage for $165,000 against the husband’s former marital home owned by both spouses. ... [read more]

Wednesday, March 18, 2020 @ 10:34 AM

UNFAIR LABOUR PRACTICES - By employer - Violation of freeze period 

Application by the employer for judicial review of a decision of the Canada Industrial Relations Board granting the union a declaration that the employer violated the freeze provisions of the Canada Labour Code. ... [read more]

Wednesday, March 18, 2020 @ 10:28 AM

LIMITATION OF ACTIONS - Conflict between limitation periods

Appeal by the plaintiffs from summary judgment dismissing their action as statute-barred. ... [read more]

Tuesday, March 17, 2020 @ 9:54 AM

BYLAWS AND RESOLUTIONS - Statutory authority - Purpose of bylaw - Grounds for invalidity

Appeal by business owners from an order granting the City an injunction enjoining them from carrying on business as marijuana dispensaries without business licenses issued by the City. ... [read more]

Tuesday, March 17, 2020 @ 9:21 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Consensus, lack of - Unconscionable transactions

Appeal by the wife from trial judgment refusing to set aside the parties’ marriage agreement and to reapportion the assets. ... [read more]

Tuesday, March 17, 2020 @ 9:14 AM

CONSTITUTIONAL ISSUES - Legal rights - Right to be informed of the specific offence

Appeal by the accused from conviction for possession of cocaine for the purpose of trafficking. ... [read more]

Monday, March 16, 2020 @ 9:20 AM

CIVIL PROCEDURE - Settlements - Releases

Appeal by B from summary judgment staying their third-party claim against the City. B struck T with her motor vehicle while T performed road work for the City. T commenced an action against B for injuries suffered. ... [read more]

Friday, March 13, 2020 @ 1:49 PM

FEDERAL INCOME TAX - Capital gains and losses - Allowable capital losses

Appeal by MacDonald from a decision of the Federal Court of Appeal holding that Cash Settlement Payments made by MacDonald under a forward contract were capital losses and not income losses, and therefore not deductible on his tax return against income from other sources. ... [read more]