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Digests

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Friday, October 06, 2017 @ 9:30 AM

JURISDICTION - International issues (with foreign state or territory) - Determination of - Real and substantial connection

Motion by the defendant HSBC Holdings to dismiss or stay the plaintiff’s class action. ... [read more]

Friday, October 06, 2017 @ 9:27 AM

FEDERAL INCOME TAX - Business and property income - Expenses - Capital expenditures, distinguished - Repairs, maintenance and alterations - Appeals - Tax Court of Canada

Appeal by Aon Inc. from an assessment by the Minister of National Revenue for its 2010 and 2011 taxation years allowed. ... [read more]

Thursday, October 05, 2017 @ 8:41 AM

WRONGFUL DISMISSAL - Dismissal without cause - Reasonable notice period or wages in lieu

Appeal by the plaintiff, Pound, from dismissal of his claim for wrongful dismissal. ... [read more]

Thursday, October 05, 2017 @ 8:39 AM

HEALTH CARE PROFESSIONALS - Government of - Regulatory colleges or governing councils - Powers - Scope of practice - Prohibited practices - Particular professions - Pharmacists

Appeal by Alberta College of Pharmacists (College) from two court decisions which determined the applicable standard of review for a College policy (Standard of Review Decision) and declared that the policy was ultra vires the College under the Health Professions Act (Merits Decision). ... [read more]

Wednesday, October 04, 2017 @ 8:31 AM

CIVIL LIABILITY - Secondary market disclosure - Elements - Release of document that contains a misrepresentation - Persons liable - Defences

Appeal by the plaintiff, Rahimi, from the dismissal of his motion for leave to bring a secondary market misrepresentation action against the individual defendants and appeal by the corporate defendant from the order granting the plaintiff leave to proceed with the claim against it. ... [read more]

Wednesday, October 04, 2017 @ 8:27 AM

NON-PROFIT CORPORATIONS - Bylaws - Membership - Voting rights

Application by the Ottawa Humane Society for a declaration the respondent Society’s bylaw 12, the suspension of the applicant’s agents, and a non-suit clause in a funding agreement were invalid. ... [read more]

Tuesday, October 03, 2017 @ 8:41 AM

CIVIL PROCEDURE - Interest - Calculation of - Pre-judgment interest

Appeal by defendants from the award of damages. ... [read more]

Tuesday, October 03, 2017 @ 8:38 AM

BROADCASTING - Licensing - Broadcast undertakings - Television - Distribution undertakings - Discretionary television service - Non-Canadian TV stations

Appeal by VMedia Inc. (VMedia) from the decision of the Canadian Radio-television and Telecommunications Commission (CRTC) denying its application to add QVC to the List of non-Canadian programming services and stations authorized for distribution (List). ... [read more]

Tuesday, October 03, 2017 @ 8:35 AM

HEALTH CARE PROFESSIONALS - Regulation of health care professionals - Particular professions - Pharmacists - Practice and procedure - Injunctions

Application by the Eastside Pharmacy Ltd. (Pharmacy) for an interlocutory order staying the Minister of Health’s 2015 decisions refusing to enroll the Pharmacy as a PharmaCare provider and finding the Pharmacy owed $1,135,989 for alleged improper PharmaCare practices and for an order restoring the Pharmacy’s enrolment in the PharmaCare program. ... [read more]

Monday, October 02, 2017 @ 8:45 AM

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

Appeal by the accused, Niemi, from a conviction for first degree murder. ... [read more]