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Tuesday, March 03, 2020 @ 7:55 AM

PROCEEDINGS - Evidence

Application by the applicant Cohen and the respondent Estate for an order permitting them to question Radnoff, as a non-party, prior to trial. ... [read more]

Monday, March 02, 2020 @ 9:14 AM

WRONGFUL DISMISSAL - Settlements

Appeal by the plaintiff from dismissal of his wrongful dismissal action. In August 2016, the employer informed the appellant that it was offering two cash incentive award opportunities totalling US$8,000 in light of an anticipated Dell merger. ... [read more]

Monday, March 02, 2020 @ 9:07 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity 

Applications by the accused for exclusion of recordings of private communications intercepted by the police due to breaches of their s. 8 Canadian Charter of Rights and Freedoms (Charter) right. ... [read more]

Monday, March 02, 2020 @ 8:58 AM

CONSUMER AGREEMENTS - Leases of goods - Contracts - Fraudulent misrepresentation

Action by the plaintiff financing company seeking judgment against the defendant Gee Force pursuant to a lease for two commercial trucks and the corresponding guarantee of Heer. ... [read more]

Friday, February 28, 2020 @ 3:03 PM

GENERAL PRINCIPLES - Sources of international law - Custom - Application - Of international law in Canada

Appeal by Nevsun Resources Ltd. (Nevsun) from a judgment of the British Columbia Court of Appeal affirming the dismissal of its motion to strike claims filed by the plaintiffs, who were refugees and former Eritrean nationals, alleging breaches of domestic torts and breaches of customary international law prohibitions against forced labour, slavery, cruel, inhuman or degrading treatment, and crimes against humanity. ... [read more]

Friday, February 28, 2020 @ 8:41 AM

PROCEDURE - Jury - Challenges for cause - Peremptory challenges

Appeal by the accused from conviction for first degree murder. The appellant disputed the trial judge’s rulings on the procedure to be followed in selecting the trial jury after the September 2019 amendments. ... [read more]

Friday, February 28, 2020 @ 8:33 AM

ENFORCEMENT AND PROCEDURE - Commissions - Investigation - Decision

Appeal by Wojtasiewicz from the dismissal of his judicial review application of a decision of the Alberta Human Rights Commission upholding the director’s finding that there was no reasonable basis in the evidence to proceed to a complaint hearing. ... [read more]

Thursday, February 27, 2020 @ 9:12 AM

REGULATION OF PROFESSION - Proceedings against law society

Appeal by the plaintiff from an order refusing to add the Law Society of Alberta (LSA) and the Alberta Lawyer's Insurance Association (ALIA) as defendants to a professional negligence action. ... [read more]

Thursday, February 27, 2020 @ 9:06 AM

PROCEDURE - Plea bargains

Application by the defendant Fuller for a stay of proceedings. Fuller was charged with various offences alleging a large-scale marijuana grow operation. He took the position that the Crown, having agreed to resolution of the charges, should not have repudiated the plea agreement. ... [read more]

Wednesday, February 26, 2020 @ 8:11 AM

NATURAL JUSTICE - Actual vs. apprehended bias

Appeal by Oleynik a tenured sociology professor, from a decision dismissing his application for judicial review of a decision of an appeals committee of the Social Sciences and Humanities Research Council confirming the adjudication committee’s decision not to offer funding for which the appellant had applied. ... [read more]