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Wednesday, April 06, 2022 @ 6:35 AM

HEALTH CARE PROFESSIONALS - Liability (malpractice) - Negligence - Causation - Failure to inform

Claim for damages relating to medical malpractice by Dr. Caza. On March 29, 2013, Heikamp fell in her home while trying to dust a light fixture and sustained an injury to her left wrist. Heikamp alleged that Dr. Caza provided her with deficient discharge instructions following her attendance with him in the Renfrew Victoria Hospital where he assessed her fractured left wrist. ... [read more]

Wednesday, April 06, 2022 @ 6:35 AM

CIVIL PROCEDURE - Striking out pleadings or allegations - False, frivolous, vexatious or abuse of process

Motion to quash three Rule 39.03 summonses served to witnesses by Harding (plaintiff) on employees of Fairwater. Plaintiff was the Fairwater Capital Corporation’s (defendant) President and Chief Investment Officer. On August 6, 2020, the plaintiff commenced an action for wrongful dismissal in which he claimed, among other things, damages for wrongful dismissal and unpaid vacation pay. ... [read more]

Tuesday, April 05, 2022 @ 6:31 AM

WILLS - Conventional wills - Testamentary intention - Grounds for invalidity

Application by the executors of the Estate of Unger seeking advice and direction regarding whether her son, Clayton, was disentitled from receiving his share of the Estate, and if Clayton was not entitled to his share, to whom did his share pass. Logan and Clayton were Unger's only children. She died leaving a Last Will and Testament (“Will”), in which the applicants were named as executors and trustees. ... [read more]

Tuesday, April 05, 2022 @ 6:30 AM

BARRISTERS AND SOLICITORS - Duties with respect to retainer – Negligence - In sale of a business

Action by Odobas and his companies against Yates for failing to provide advice on the conditional nature of the "Option to Extend" in the lease documents. Odobas was a businessperson. He became interested in the restaurant Don Francesco's. He stated that, given his total investment, he needed to operate the business for approximately 10 years to make a worthwhile profit. ... [read more]

Monday, April 04, 2022 @ 9:36 AM

REAL PROPERTY TAX - Land transfer tax - Foreign buyers tax - Payment of

Payment of Action by the plaintiff for breach of contract, breach of fiduciary duty, and negligence against their real estate agent and solicitor. They sought damages in the amount of additional tax they were required to pay. The plaintiffs immigrated to Canada from Great Britain. They planned to live in the Kelowna area. The legislature amended the Property Transfer Tax Act to provide that the Foreign Buyer's Tax would apply to Kelowna. ... [read more]

Monday, April 04, 2022 @ 9:22 AM

CUSTODY, PARENTING, AND ACCESS - Best interests of child - Conduct of parents - Decision-making authority

Application by the Mother seeking an order granting her sole decision-making authority with respect to the Child's medical needs and an order directing the Father to take the Child to all medical appointments scheduled during his parenting time. The Child was diagnosed with leukemia. Both the Child's family physician and his oncologist recommended that he be vaccinated against Covid-19. The Father was opposed. ... [read more]

Friday, April 01, 2022 @ 6:34 AM

CIVIL PROCEDURE - Examination for discovery - Order to attend or re-attend - Physical or psychological examination

Motion by defendants seeking an order that the plaintiffs produce original records, an order that the plaintiffs reattend for discovery, and an order that plaintiff Hu, attend a defence medical examination. The plaintiffs' claim arose from a motor vehicle accident. ... [read more]

Friday, April 01, 2022 @ 6:33 AM

SALE OF GOODS - Implied conditions - Fitness for purpose - Merchantable quality

Appeal from a trial judgment awarding the respondent the sum of $48,510. The dispute between the parties arose from the purchase by Guru Eak Transport (respondent) of a commercial Freightliner Cascadia transport truck (Cascadia) from the appellant Eagle Truck Sales Inc. for $51,000 plus H.S.T. ... [read more]

Thursday, March 31, 2022 @ 6:26 AM

APPEAL - Class action - Judgment authorizing action

Carrier appealed from a judgment which granted, in part, his application for authorization to institute a class action against the Attorney General of Québec (AGQ). ... [read more]

Thursday, March 31, 2022 @ 6:25 AM

MAINTENANCE AND SUPPORT - Child support - Variation or termination of obligation - Material change in circumstances

Application by KA seeking to vary court orders and decrease his child support payments and reduce his arrears on the basis that he was unemployed now and suffered from undue hardship. The parties were married in 2015 and separated in 2016. They had a son JA who lived with WZ. An order was made with respect to child support ordering KA to pay child support. ... [read more]