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Wednesday, April 13, 2022 @ 6:12 AM

CORPORATIONS - Derivative actions - Conditions precedent to bringing action - Good faith

Appeal from a decision dismissing the appellant’s application for leave to bring a derivative action in the name of Jack Link’s Canada Company (“Link Canada”) against his father, brother, Hermeier, and Link Snacks, Inc. (“Link Snacks”). The appellant also sought leave to appeal the decision as to costs. ... [read more]

Wednesday, April 13, 2022 @ 6:07 AM

APPEALS – Grounds - Misapprehension of or failure to consider evidence - Unreasonable verdict

Appeal by Lapierre from his conviction and sentence on charges of sexual assault. Lapierre argued the judge improperly restricted cross-examination of the complainant, unfairly informed the complainant what to expect when her cross-examination continued, made errors in assessing inconsistencies in the complainant’s evidence, reached an unreasonable verdict, and failed to properly consider a community-based sentence. ... [read more]

Tuesday, April 12, 2022 @ 6:40 AM

CIVIL PROCEDURE – Leave to appeal – Perfecting

Motion by Downey for leave to appeal the dismissal of his appeal arguing the failure to perfect was not his fault and a review was necessary to prevent an injustice. A head-on collision caused significant injury to Downey. He sued the other driver. The trial judge found the accident to be Downey’s fault and dismissed his lawsuit. ... [read more]

Tuesday, April 12, 2022 @ 6:39 AM

TYPES OF DAMAGES - Loss of enjoyment of life - Loss of income - For personal injuries

Application by Power seeking damages for injuries from a motor vehicle accident caused by White. White was an uninsured driver. The Personal Insurance Company (the “Personal”) insured Power under a Standard Automobile Policy. The Personal settled Power's claims for the global amount of $500,000. ... [read more]

Monday, April 11, 2022 @ 6:43 AM

PLANNING AND DEVELOPMENT - Building permits - Right to obtain - Issuing - Grounds for refusal

Application for judicial review by Abbcar Properties, LLC (“Abbcar”) of two municipal land development decisions made by the City of Vancouver (“City”) in relation to the City’s proposal to construct a building (“Project”). A preliminary development permit application was approved for the Project. Abbcar was the owner of a building which was immediately across the street from the Project. ... [read more]

Monday, April 11, 2022 @ 6:36 AM

CUSTODY, PARENTING, AND ACCESS - Costs - Considerations

Appeal by father from judgment regarding costs of a parenting trial and pre- and post-trial applications. The main issue at trial was which parent would have primary parenting of their five children, and which parent would have scheduled access. After reviewing all the evidence, the trial judge was satisfied that it was in the best interests of the three youngest children for their mother to have primary care and their father to have generous access. ... [read more]

Friday, April 08, 2022 @ 6:38 AM

FOR TORTS - Affecting the person - Assault - Breach of fiduciary duty

Appeal by the appellants from judgment dismissing their claim for damages against Cannon for assault and battery. The appellants Sharon, Darlene, and Rosemarie were sisters. The respondent Cannon was their aunt. The appellants lived with Cannon and her family when they were children, during which time they alleged that Cannon physically abused them. ... [read more]

Friday, April 08, 2022 @ 6:38 AM

POWERS OF SEARCH AND SEIZURE - Warrantless searches - Strip search

Trial of Menzies charged with the offence of impaired driving. Menzies was observed to collide with a bridge abutment, damaging the driver’s side of his car and flattening one tire. He continued to drive and struck at least one parked car. A resident came out of his house and described Menzies as obviously drunk. Menzies went to his house and waited for the police. ... [read more]

Thursday, April 07, 2022 @ 6:32 AM

PARTNERSHIPS - Limited partnerships - Liability for debts

This was an appeal from a judgment condemning the appellants to pay to Richardson GMP Limited (Richardson) nearly $5,000,000. This sum represented the combined final debit balance of two accounts that the appellants opened with Richardson, its stock broker, and which they used to trade options on margin. ... [read more]

Thursday, April 07, 2022 @ 6:32 AM

CIVIL PROCEDURE - Costs - Particular circumstances - Complex, novel or test case

Application by Ontario for an order that respondents pay $15,000 costs related to injunctive relief for breach of various COVID-19 public health orders. Justice Kimmel granted the injunction in December 2020. At that time, the parties contemplated a come-back motion where the respondents would challenge the constitutionality of the laws and regulations on which the applicant relied for its injunctive relief. ... [read more]