Focus On

Digests

Latest

Friday, June 05, 2020 @ 9:12 AM

ABORIGINAL STATUS AND RIGHTS - Historical grievances - Residential schools - Settlements

Appeal by the defendant lawyers from refusal to dismiss the action by the plaintiff as frivolous and vexatious and an abuse of process. The plaintiff was a class member of an Indian residential schools survivors’ class action. ... [read more]

Friday, June 05, 2020 @ 9:06 AM

UNJUST ENRICHMENT - Elements

Appeal by the plaintiff, Catalyst Capital Group Inc., from an order striking five of its claims without leave to amend. ... [read more]

Thursday, June 04, 2020 @ 9:35 AM

CIVIL PROCEDURE - Trials - Conduct of - Judge’s powers and duties 

Appeal by the plaintiff from a trial judgment dismissing her claim for general damages and reducing her damages award for loss of income to zero to account for statutory accident benefits received by the appellant from her insurer. ... [read more]

Thursday, June 04, 2020 @ 9:35 AM

GOODS AND SERVICES TAX (GST) - Collection and remittance - Deemed trust

Appeal by the Bank from a Federal Court decision finding that the deemed trust in s. 222(3) of the Excise Tax Act obliged the bank to remit to the Crown that portion of the sale proceeds of a GST debtor’s property caught by the deemed trust. ... [read more]

Wednesday, June 03, 2020 @ 7:00 AM

EMPLOYEE RIGHTS AND BENEFITS - Remuneration

Appeal by the Attorney General of Canada from a Federal Court judicial review judgment that overturned the denial of the grievance of the respondent, Zalys. ... [read more]

Wednesday, June 03, 2020 @ 6:51 AM

FEDERAL INCOME TAX - Principles of statutory interpretation - Foreign income

Appeal by Loblaw Financial Holdings from the Tax Court’s dismissal of its appeal from income tax reassessments. ... [read more]

Tuesday, June 02, 2020 @ 9:23 AM

COPYRIGHT - Licensing societies - Defences to infringement - Fair dealing

Appeal by York University from trial judgment allowing the respondent’s action for enforcement of an interim tariff and dismissing the appellant’s counterclaim for a declaration that all copying by the appellant which fell within the terms of the appellant’s Guidelines constituted fair dealing. ... [read more]

Tuesday, June 02, 2020 @ 9:16 AM

JURISDICTION OF THE COURT TO REVIEW - Stay of court proceedings

Appeal by the defendant, Clayworth, from refusal of a stay of civil proceedings in favour of arbitration. ... [read more]

Monday, June 01, 2020 @ 9:31 AM

EVIDENCE - Admissibility - Confessions and statements by the accused

Appeal by the accused, Moir, from a conviction for first degree murder. ... [read more]

Monday, June 01, 2020 @ 9:24 AM

RESIDENTIAL TENANCIES - Tenant’s obligations - Damages to premises

Appeal by the defendants from a summary judgment granted in favour of the plaintiffs. The plaintiffs rented their home to the defendants. ... [read more]