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Digests

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Friday, May 24, 2019 @ 8:23 AM

POWERS OF SEARCH AND SEIZURE - Forfeiture of items seized

Appeal by the Minister of Justice from a decision dismissing the Minister’s application for forfeiture of a motor vehicle on the basis that it constituted property which was used or likely to be used in carrying out an illegal act. ... [read more]

Thursday, May 23, 2019 @ 8:31 AM

MAINTENANCE AND SUPPORT - Requirement of attaining self-sufficiency

Appeal by the wife from an order terminating spousal support. ... [read more]

Thursday, May 23, 2019 @ 8:29 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Defences

Appeal by the accused from convictions for first degree murder and kidnapping. ... [read more]

Thursday, May 23, 2019 @ 8:26 AM

NEGLIGENCE - Duty of care - Apportionment of liability

Appeal by the defendant Thompson Fuels from the trial decision, the post-trial ruling, and the costs awards. ... [read more]

Wednesday, May 22, 2019 @ 8:41 AM

EVIDENCE - Hearsay rule - Necessary and reliable evidence

Appeal by the accused from conviction for attempted robbery, having his face masked with intent to commit an indictable offence, and possessing a pickaxe for a purpose dangerous to the public peace. ... [read more]

Wednesday, May 22, 2019 @ 8:41 AM

MORTGAGES - Mortgagee’s remedies - Power of sale - Conduct of sale

Appeal by Derewenko from an order approving the sale of his residential property by the mortgagee. ... [read more]

Wednesday, May 22, 2019 @ 8:40 AM

MARITAL PROPERTY - Division of family property on death

Appeal by the executor from a decision holding the chambers judge could not entertain an application for an interim distribution of family property based on the material before him and awarding the respondent solicitor–client costs payable by the appellant personally. ... [read more]

Tuesday, May 21, 2019 @ 9:20 AM

APPEALS - Powers of appellate court - New trial

Appeal by the Crown from the summary dismissal of drugs and firearms charges against the accused. ... [read more]

Tuesday, May 21, 2019 @ 9:18 AM

CIVIL PROCEDURE - Trials - Conduct of

Appeal by the tenants from a decision of an application judge granting the landlord vacant possession. ... [read more]

Tuesday, May 21, 2019 @ 9:16 AM

SENTENCING - Harassment and threatening - Probation

Appeal by 60-year-old Butler from his sentence of imprisonment for two years less a day and three years’ probation imposed for his conviction for criminal harassment. ... [read more]