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Monday, September 11, 2017 @ 08:52 AM

CONDOMINIUMS - Unit holders - Duties of - Adherence to bylaws and rules

Appeal by the Herods and the Burgesses, neighbours of the Patersons in a strata development, from a declaration that the Patersons were entitled to construct a new home on their lot that did not accord with the applicable statutory building scheme for the development. ... [read more]

Monday, September 11, 2017 @ 08:49 AM

SEXUAL ASSAULT - Aggravated sexual assault - Kidnapping, hostage taking and abduction - Kidnapping - Attempts, conspiracies and accessories - Attempts

Appeal by the accused from convictions for attempted kidnapping and attempted aggravated sexual assault of a young person, as well as from the dangerous offender designation and indeterminate sentence of imprisonment. ... [read more]

Friday, September 08, 2017 @ 12:55 PM

EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE - Bars to extradition

Appeal from a judgment of the British Columbia Court of Appeal allowing an application for judicial review of surrender orders made by the Minister of Justice against Badesha and Sidhu, setting the orders aside and remitting the matter to the Minister for further consideration. ... [read more]

Friday, September 08, 2017 @ 08:43 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - False, frivolous, vexatious or abuse of process

Appeal by Canada from an order striking out its statement of claim on the basis that it was frivolous and vexatious and an abuse of process. ... [read more]

Friday, September 08, 2017 @ 08:41 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure - Remedies for denial of rights

Appeal by the accused from convictions for firearms and drug offences. ... [read more]

Thursday, September 07, 2017 @ 08:47 AM

FEDERAL INCOME TAX - Administration and enforcement - Penalties and interest - Interest - Refund interest

Application by the taxpayer from the dismissal of his application for judicial review of the Minister’s decision denying him interest on an amount that had been refunded to him. ... [read more]

Thursday, September 07, 2017 @ 08:43 AM

CUSTOMS AND EXCISE - Customs - Dumping and subsidies - Determination of material injury

Application by Essar Steel Algoma Inc. (Essar Algoma) for judicial review of the Canadian International Trade Tribunal’s finding that hot-rolled carbon steel plate and high-strength low-alloy steel plate imports dumped from the Russian Federation and dumped and subsidized from the Republic of India had not caused injury and were not threatening to cause injury to the domestic steel industry. ... [read more]

Wednesday, September 06, 2017 @ 08:53 AM

CONTRACTS WITH CROWN - Termination of contract - Appeals and judicial review

Application by Francis H.V.A.C. Services Ltd. (Francis) for judicial review of a decision of the Canadian International Trade Tribunal (CITT) determining that its complaint regarding the procurement process followed by the respondent Minister of Public Works and Government Services Canada (PWGSC) was not valid. ... [read more]

Wednesday, September 06, 2017 @ 08:51 AM

REAL PROPERTY TAX - Assessment - Methods - Valuation of land - Methods of - Factors affecting - Environmental contamination

Appeal by the assessor from a judgment on the property owner’s stated case appeal from a decision of the Property Assessment Appeal Board assessing its property at $975,000. ... [read more]

Wednesday, September 06, 2017 @ 08:48 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights - On arrest or detention - To test validity through habeas corpus - Remedies for denial of rights - Procedural remedies - Habeas corpus

Appeal by Chhina, an immigration detainee, from the dismissal of his application for habeus corpus. ... [read more]