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Monday, September 21, 2020 @ 9:27 AM

SENTENCING - Denunciation - Health (incl. mental health) - Domestic abuse

Appeal by the Crown from sentence of four years’ imprisonment for attempted murder. The respondent attacked her former spouse’s wife with a knife. The respondents held her former spouse and his new wife responsible for the fact that she had not seen her daughter for two years. ... [read more]

Friday, September 18, 2020 @ 2:26 PM

MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income - Financial disclosure - Retroactive awards

Appeal by the mother from a judgment of the Court of Appeal of British Columbia that confirmed the setting aside of an order that required the father to pay $23,000 in retroactive child support. ... [read more]

Friday, September 18, 2020 @ 6:22 AM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused

Appeal by the accused from conviction for first degree murder. The victim’s body was found in a ditch. The appellant was charged eight years later. ... [read more]

Friday, September 18, 2020 @ 6:16 AM

TERMS - Express terms - Time of the essence - Term and termination 

Appeal by renewable energy suppliers from a decision of an application judge concluding that the respondent could terminate their contracts if they failed to achieve commercial operation by the Milestone Date and that the respondent was not estopped from doing so. ... [read more]

Thursday, September 17, 2020 @ 6:09 AM

EVIDENCE - Opinion evidence - Expert evidence - Basis for opinion

Appeal by the accused from conviction for aggravated sexual assault. The appellant had vaginal intercourse with three women, knowing he was HIV positive, during a time when his viral load was not low. He failed to disclose his HIV status. ... [read more]

Thursday, September 17, 2020 @ 6:09 AM

TITLE - Boundaries - Determination - By description or Crown grant

Appeal by the defendant from trial judgment determining where the lot line between two lakefront properties ended. The lot line between the two properties skewed the water’s edge and struck the lake at an oblique angle. The chain of title to Lots 41 and 42 began with a 1902 patent from the Crown. ... [read more]

Wednesday, September 16, 2020 @ 6:14 AM

CONSTITUTIONAL ISSUES AND LEGISLATION - Canadian Charter of Rights and Freedoms

Appeal by Brown from the dismissal of his constitutional challenge of the immigration detention regime. He argued the detention provisions in the Immigration and Refugee Protection Act and the Regulations violated ss. 7, 9, 12 and 15 of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Wednesday, September 16, 2020 @ 6:13 AM

POWERS OF SEARCH AND SEIZURE - Search

Appeal by the accused from conviction for trafficking in firearms. During a 2011 murder investigation, police obtained a production order under s. 487.012 of the Criminal Code for records relating to the phone number associated with M, a suspect. ... [read more]

Tuesday, September 15, 2020 @ 8:47 AM

SELF-GOVERNING PROFESSIONS - Midwives - Unauthorized practice - Use of professional designation

Appeals by the College and the Attorney General from a decision of a chambers judge finding that s.12.1(1) of the Health Professions Act restricting a non‑registrant using a reserved title in connection with their work infringed the respondent’s freedom of expression and was not saved as a reasonable limit demonstrably justified in a free and democratic society. ... [read more]

Tuesday, September 15, 2020 @ 8:46 AM

AGRICULTURE - Farms - Financing - Creditors’ relief - Scope of protection

Appeal by Naber and TK Equipment from the dismissal of their application seeking temporary relief from forfeiture of equipment. The appellants entered into four agreements for the purchase of $2,305,000 in farm equipment financed through the respondent. ... [read more]