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Thursday, May 12, 2022 @ 6:06 AM

WILLS - Testamentary capacity - Legal capacity - Rebuttable presumption - Suspicious circumstances

Appeal by Leonard from the dismissal of her application to declare the will invalid, on grounds that the application judge erred in relying on the presumption of capacity to make a determination in the absence of material evidence. The parties were cousins disputing over the will of their late aunt. ... [read more]

Thursday, May 12, 2022 @ 6:04 AM

ACCESS TO INFORMATION AND PRIVACY - Inspection of public documents - Bars and grounds for refusal

Appeal by the Attorney General for Ontario (AGO) from the Divisional Court’s dismissal of the AGO’s application for judicial review of a decision by the Information and Privacy Commissioner of Ontario (IPC). ... [read more]

Wednesday, May 11, 2022 @ 6:33 AM

SENTENCING - Weapons offences - Concurrent sentences - Seriousness of offence

Application by Crown for leave to appeal sentencing decision that concluded that all Laing’s sentences for his firearms-related offences would be concurrent. Laing pleaded guilty to three counts of the careless use of a firearm and four counts of being an occupant in a motor vehicle while knowing there was a firearm present. ... [read more]

Wednesday, May 11, 2022 @ 6:30 AM

CUSTODY, PARENTING, AND ACCESS - Best interests of child - Primary caregiver - Custody and parenting time

Application by the mother for a divorce and for a parenting order that would allow the child to remain in Canada with her. The mother was born in 1982 and was employed with McCain Foods Limited (McCain’s). The respondent father was born in 1977 and worked for the same company in Puerto Rico for approximately 20 years. ... [read more]

Tuesday, May 10, 2022 @ 6:10 AM

TRADEMARKS - Expungement - Grounds - Not distinctive - Abandonment

Action by Milano Pizza Ltd. (MPL) for trademark infringement, passing off, and depreciation of goodwill. Counterclaim by the defendants for expungement of the Milano Design Registration, passing off, and other relief. MPL was an Ottawa-based company that licensed independent pizzeria owner-operators. The Milano Design Mark (MDM) was registered in MPL’s name for “take out restaurant services, with delivery.” ... [read more]

Tuesday, May 10, 2022 @ 6:10 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Post-traumatic stress disorder (PTSD) - Arising subsequent to incident

Appeal by McPhail from award of non-pecuniary damages for injuries he incurred in motor vehicle accident. Ross admitted responsibility for the collision. Because of the accident, McPhail had to discontinue his running and swimming for awhile. McPhail’s doctor considered that McPhail was suffering from neck and back strain and made a provisional diagnosis of post-traumatic stress disorder (“PTSD”). ... [read more]

Monday, May 09, 2022 @ 9:21 AM

REGULATION OF PROFESSION - Disciplinary proceedings - What constitutes misconduct - Grounds for suspension

Appeal by Merchant from a decision of the Law Society of Saskatchewan Hearing Committee finding him guilty of conduct unbecoming of a lawyer. Merchant obtained and acted upon a Direction to Pay signed by JS, a residential school survivor whom Merchant had represented. ... [read more]

Monday, May 09, 2022 @ 9:11 AM

GIFTS - Inter vivos - Validity of transfer

Appeal by G Burnouf (GB) from a Chambers Decision. A Burnouf (AB) was the registered owner of three properties in Saskatchewan. In 2017, AB and her son, GB, entered into a trust agreement pursuant to which the land in question was transferred into their joint names. The terms of the trust stipulated that GB was to hold the land as a trustee and that AB could demand return of the land at any time during her lifetime. ... [read more]

Friday, May 06, 2022 @ 6:42 AM

EVIDENCE - Methods of proof - Circumstantial evidence - Identification - Scientific evidence - DNA

Appeal by Clark from conviction for second degree murder of Durocher. Durocher died from blunt force trauma to the head, caused by at least three to five significant physical impacts. The main issue at the trial was the identity of the person who had beaten Durocher to death. ... [read more]

Friday, May 06, 2022 @ 6:42 AM

ADVERSE POSSESSION - Required elements - Continuous - Exclusive - Open

Application by Brown to quiet the title to a parcel of land by way of adverse possession. Brown was the owner of an Inn. She purchased the property in 2014. The land at issue was a right-of-way located on the southerly boundary of the Inn property. The respondent GPI’s property abutted the Inn. GPI also acquired its land in 2014. GPI’s land was and continued to be vacant. GPI owned the legal interest in the property subject to the right-of-way to those owners of the Inn property prior to and including Brown. ... [read more]