Focus On



Thursday, May 05, 2022 @ 6:28 AM

CONSTITUTIONAL ISSUES - Legal rights - Protection against unreasonable search and seizure - Exclusion of evidence

Application by the accused for exclusion of evidence due to breaches of ss. 8 and 9 of the Canadian Charter of Rights and Freedoms (Charter). The accused was charged with driving while disqualified. A police officer was at a plaza checking plates of cars in the parking lot for suspensions and checking the sobriety of drivers leaving the area. ... [read more]

Thursday, May 05, 2022 @ 6:27 AM

CUSTODY, PARENTING, AND ACCESS - Best interests of child - Maximum contact principle - Removal of child from jurisdiction

Application by the mother to relocate with the children from Ontario to Nova Scotia. The parties married in September 2010. The mother said they separated in February 2020 while the father said they separated in December 2019. They had two children, born in 2013 and 2011. Since June 2020, the parties shared parenting time equally. The mother was originally from Nova Scotia and her extended family lived there. ... [read more]

Wednesday, May 04, 2022 @ 6:34 AM

EVIDENCE - Admissibility - Prejudicial evidence - Previous record of accused - Probative value

Application by Wright who was charged with first degree murder to exclude his criminal records from the evidence at trial. A person or persons kicked down the front door of the basement apartment of Hall and fatally shot him. The police arrested Wright and Fitzpatrick and charged them with first degree murder. ... [read more]

Wednesday, May 04, 2022 @ 6:33 AM

CIVIL PROCEDURE - Causes of action - Tort v. contractual - Pleadings - Amendment of

Motion by Defendant Skyservice Business Aviation Inc. (“Skyservice”) to strike out all allegations in the Plaintiff's Fresh as Amended Statement of Claim with respect to vicarious liability for sexual harassment, without leave to amend, on the basis that such allegations did not disclose a reasonable cause of action against Skyservice. ... [read more]

Tuesday, May 03, 2022 @ 6:26 AM

CUSTODY, PARENTING, AND ACCESS - Best interests of child - Decision-making authority - Material change in circumstances

Motion by the mother seeking an order permitting her to have the child L, vaccinated against COVID-19 and to be permitted to arrange for any further booster shots approved by Health Canada for children of L’s age. The motion arose in the context of a Motion to Change brought by the mother to give her sole decision-making power over L’s health. ... [read more]

Tuesday, May 03, 2022 @ 6:26 AM

CIVIL EVIDENCE - Weight - Expert evidence - Basis for opinion - Qualification as an expert

Motion by Beazley to be qualified as an expert witness to give opinion evidence. The 27 physicians named as defendants (“Doctors”) were involved in the care and treatment of Beazley. Beazley’s primary allegation was that because of the Doctors’ conduct, there was a delay in him being diagnosed with Lyme disease. He alleged that because of the delayed diagnosis, he suffered injuries and losses. ... [read more]

Monday, May 02, 2022 @ 9:48 AM

TYPES OF DAMAGES - For personal injuries - Loss of earning capacity - Loss of housekeeping ability

Appeal by Deol and Best Can Trucking Ltd. (“appellants”) from the trial judge’s apportionment of liability and assessment of damages for loss of future earning capacity and loss of future homemaking capacity following a motor vehicle collision. Steinlauf was struck broadside by an oncoming tractor-trailer driven by Deol, and owned by Best Can Trucking Ltd. ... [read more]

Monday, May 02, 2022 @ 9:40 AM

CIVIL PROCEDURE - Judgments and orders - Summary judgments

Appeal by Kehewin Cree First Nation (“Kehewin”) from a chambers decision upholding the master’s grant of partial summary judgment, on grounds that construction contracts were not binding on Kehewin absent a written Band Council Resolution (“BCR”). Kehew Construction Ltd. (“Kehew”) applied for summary judgment on a discrete liability issue in a dispute involving construction of single-family residences and renovation of an assisted living facility (“Elders’ Lodge Project”), both located on the Kehewin First Nation Reserve. ... [read more]

Friday, April 29, 2022 @ 6:41 AM

CIVIL PROCEDURE - Judgments and orders - Default judgments

Motion by the defendant Sandra to set aside a 2017 default judgment and any enforcement steps filed. Sandra initially appeared at a 2019 Case Conference to schedule a motion to set aside the default judgment. The plaintiff Monster Snacks, incorporated by Kailani, commenced an action against Sandra in 2016 arising out of a transaction to purchase by the plaintiff the vending machine and other business assets of Suddenly Soda from Sandra in 2015. ... [read more]

Friday, April 29, 2022 @ 6:41 AM

IMPLIED DUTIES OF EMPLOYEE - Fiduciary duties - Honesty

Action by CN for damages and punitive damages for breach of fiduciary duty, deceit, breach of contract, breach of confidence, conspiracy, and conversion. The defendant Holmes, a former employee of CN, had authority within CN to hire contractors and approve invoices. Unbeknownst to CN, Holmes created several corporations of which he was the beneficial shareholder and caused CN to hire them. ... [read more]