Focus On



Wednesday, September 08, 2021 @ 5:43 AM

CREDITORS AND CLAIMS - Secured creditors - Tax liens - Claims - Disallowance of

Appeal by the Trustee in Bankruptcy from a Registrar’s decision that set aside the Trustee’s disallowance of a secured portion of a proof of claim filed by the Crown on behalf of the Canada Revenue Agency (CRA) and the costs award against it. ... [read more]

Tuesday, September 07, 2021 @ 9:36 AM

FINANCE - Taxation - Real or immoveable property assessment

Appeal by several grain elevator companies from a decision of the Assessment Appeals Committee determining that the grain handling equipment used in the elevators to receive, store and ship grain was machinery and equipment used to service the building or structure and was therefore assessable. ... [read more]

Tuesday, September 07, 2021 @ 9:30 AM

SALE OF LAND - Completion - Time for - Forfeiture of deposit

Appeal by the plaintiffs from trial judgment dismissing their claim for damages arising from the breach of an agreement of purchase and sale of a condominium and their request for relief from forfeiture of their deposit. ... [read more]

Friday, September 03, 2021 @ 5:16 AM

ABUSE OF OR MISFEASANCE IN PUBLIC OFFICE - Elements of tort - Deliberate and unlawful conduct

Appeal by the family of Meekis from an order that struck their claim as disclosing no reasonable cause of action. In 2014, 4-year-old Meekis, from Sandy Lake First Nation, died of complications from strep throat. ... [read more]

Friday, September 03, 2021 @ 5:14 AM

PUBLIC PENSION PLANS - Canada Pension plan - Pensions and supplementary benefits - Survivor’s pension

Application by Weatherly for judicial review of a decision of the Appeal Division of the Social Security Tribunal setting aside the decision of the General Division finding that s. 63(6) of the Canada Pension Plan that limited the surviving spouse to one survivor’s pension discriminated against the applicant based on sex contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Thursday, September 02, 2021 @ 5:35 AM

MOTOR VEHICLES AND HIGHWAY TRAFFIC - Rules of the road - Use of electronic device

Appeal by Rajani from a decision upholding his conviction for using an electronic device while driving. The officer who issued the violation ticket observed the appellant looking down while driving. When the officer approached the vehicle, he saw a cell phone connected to a cord face-up in the appellant’s lap. ... [read more]

Thursday, September 02, 2021 @ 5:34 AM

PATENTS - Patented medicines - Excessive prices

Appeal by Alexion Pharmaceuticals from the dismissal of its application for judicial review of a decision of the Patented Medicine Prices Review Board finding that Alexiom priced its drug, Soliris, excessively. ... [read more]

Wednesday, September 01, 2021 @ 5:28 AM

EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Security

Appeals by the Minister from decisions allowing the respondents’ judicial review applications from decisions of the Immigration Division and the Immigration Appeal Division interpreting s. 34(1)(e) of the Immigration and Refugee Protection Act. ... [read more]

Wednesday, September 01, 2021 @ 5:27 AM

DEFENCES - Intoxication

Appeal by the Crown from a pre-trial ruling that s. 33.1 of the Criminal Code, which provided that self-induced intoxication was not a defence to any general intent offence involving interference with the bodily integrity of another person, was contrary to ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Tuesday, August 31, 2021 @ 5:37 AM

PATENTS - Defences to infringement - Invalidity of patent - Insufficiency of claims

Appeal by Seedlings Life Science Ventures from the dismissal of its patent infringement action and the allowance of the respondent’s counterclaim that the patent claims in issue were invalid. ... [read more]