Focus On



Thursday, February 11, 2021 @ 6:12 AM

MAINTENANCE AND SUPPORT - Compensatory support - Contribution in property or services

Appeal by the husband from a spousal support order. The parties married in 1990 and separated in 2014. As of the trial date, the parties were 56 years of age and had three adult children. The wife was a full-time optometrist who left practice to support the husband’s flourishing business and run the household. ... [read more]

Thursday, February 11, 2021 @ 6:11 AM

BANKING - Negligent acts (duty of care)

Action by Toronto Dominion Bank (TD) for damages for breach of contract in relation to a mortgage fraud. The defendant Whitford was used as a strawman in a mortgage fraud. ... [read more]

Wednesday, February 10, 2021 @ 6:16 AM

PUBLIC UTILITIES - Negligence - Limitation of liability

Appeal by the plaintiffs from the dismissal of their action against the Water Commission for negligence and nuisance. Their houses suffered sewage backup from trenching work done by the Commission on the stormwater system when the Commission’s equipment damaged the appellants’ sewer laterals. ... [read more]

Wednesday, February 10, 2021 @ 6:16 AM

IMPLIED DUTIES OF EMPLOYEE - Confidential information and privacy

Appeal by the defendants from a trial judgment finding them liable for breach of confidence. The respondent GEA Refrigeration Canada Inc. (GEA) was in the business of marketing and production of hygienic freezers. The individual appellants were former employees of GEA. ... [read more]

Tuesday, February 09, 2021 @ 6:23 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Evidence of witnesses

Appeal by the accused, Lavallee, from a conviction for second degree murder. The Crown alleged that the accused intended to follow through with a prior threat to kill Butler arising from jealousy of Butler’s association with other men. ... [read more]

Tuesday, February 09, 2021 @ 6:22 AM

CIVIL PROCEDURE - Judgments and orders - Enforcement - Stay of

Motion by the plaintiffs for a stay of a Divisional Court order reinstating the defendants’ jury notices, pending the hearing of the plaintiffs’ motion for leave to appeal to the Court of Appeal. The actions resulted from a 2013 motor vehicle accident. ... [read more]

Monday, February 08, 2021 @ 9:55 AM

ELECTIONS - General elections - Constitutional issues  

Appeal by Engel and Rigney from a decision dismissing their application for a declaration that s. 38.1(2) of the Election Act prohibited the Premier of Alberta from advising the lieutenant-governor of the province to dissolve the legislature and order a general election outside the fixed election period and dismissing Rigney’s application for a declaration that his s. 3 rights under the Canadian Charter of Rights and Freedoms (Charter) were breached because a general election was called before the fixed election period. ... [read more]

Monday, February 08, 2021 @ 9:48 AM

ENVIRONMENTAL LEGISLATION - Approvals licences and orders - Hazardous waste - Landfill sites

Appeal by Normtek Radiation Services from a judicial review judgment upholding a decision of the Alberta Environmental Appeals Board refusing to hear an appeal from a waste disposal approval. ... [read more]

Friday, February 05, 2021 @ 6:11 AM

CRIMINAL CODE OFFENCES - Impaired operation or operation over the legal limit – Certificate of analysis

Appeal by the Crown from an appeal decision acquitting the appellant of driving over the legal limit and quashing his conviction for impaired driving and ordering a new trial on that count. ... [read more]

Friday, February 05, 2021 @ 6:10 AM

CROWN - Provincial and territorial legislatures - Regulations and rules

Application by Hudson’s Bay Company (HBC) for judicial review, challenging s. 2(1)3, Schedule 2, of O Reg 82/20 (the regulation). ... [read more]