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Thursday, May 20, 2021 @ 6:17 AM

CIVIL PROCEDURE - Estoppel by record (res judicata) - Issue estoppel

Appeal by the plaintiffs, Qin and Cenith Air, from an order striking their claim against the defendants, the Ontario Securities Commission (OSC) and other individuals. In 2015, the OSC froze the assets of the appellants and related companies and commenced enforcement proceedings. ... [read more]

Thursday, May 20, 2021 @ 6:16 AM

MARITAL PROPERTY - Variation or amendment of orders

Appeal by the husband from a decision refusing to vary a corollary relief order awarding the wife one-half of a shareholder loan owed to the husband and over $42,000 in trial costs. ... [read more]

Wednesday, May 19, 2021 @ 6:25 AM

PROCEDURE - Trial judge’s duties - Assessing credibility of witnesses

Appeal by the accused, Barnes, from convictions for breaking and entering with intent, sexual assault, assault, choking to overcome resistance, uttering threats and unlawful confinement. ... [read more]

Wednesday, May 19, 2021 @ 6:24 AM

BENEFITS AND CLAIMS - Qualification and entitlement

Application by the Attorney General for judicial review of a decision of the Appeal Division of the Social Security Tribunal determining that the respondent was entitled to Employment Insurance benefits during the summer break in the 2017-2018 school year. ... [read more]

Tuesday, May 18, 2021 @ 6:07 AM

FEDERAL INCOME TAX - Interpretation - Administration and enforcement

Appeal by Savics from a decision of the Tax Court of Canada that confirmed the reassessment of Savics’ 1998 taxation year was completed in accordance with the parties’ settlement agreement. ... [read more]

Tuesday, May 18, 2021 @ 6:07 AM

SENTENCING - Fraud over $5,000 - Sentencing precedents or starting point

Appeal by the Crown from conditional sentences imposed on the accused, Dawson and Ross, for fraud and for Dawson for conferring a benefit upon a government employee. ... [read more]

Monday, May 17, 2021 @ 9:30 AM

RESIDENTIAL TENANCIES - Security of tenure - Demolition, conversion or repairs

Appeal by the Society from an order of a chambers judge setting aside a decision of the Residential Tenancy Branch which cancelled a notice to end tenancy. The appellant was a tenant at a park owned by the respondent. ... [read more]

Monday, May 17, 2021 @ 9:20 AM

MAINTENANCE AND SUPPORT - Spousal support - Agreement - Variation or termination of obligation

Appeal by the wife and cross-appeal by the husband from a spousal support ruling. The parties married in 1992, separated in 2014 and divorced in 2016. They had a child born in 1999. A 2015 separation agreement was achieved through mediation with the assistance of legal counsel. ... [read more]

Friday, May 14, 2021 @ 6:18 AM

SECURED TRANSACTIONS - Priority rules - Purchase-money security interests

Appeal by Farm Credit Canada from an order distributing monies paid into court to the respondent, Gustafson. The respondent was a farmer who financed the purchase of two combines and related equipment. ... [read more]

Friday, May 14, 2021 @ 6:17 AM

GIFTS - Inter vivos - Validity of transfer - Proof of gift

Appeal by the Zachariadis estate trustees from summary judgment dismissing their claim against the defendants, the Giannopoulos estate trustees. In 1996, Zachariadis began a relationship with Giannopoulos. ... [read more]