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Case Law

  • Jimenez v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 1225

    This is an application under section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27. The application was brought by a mother [the principal Applicant] and her two minor children [collectively, the Applicants]. They seek judicial review of the March 2, 2018 decision [Decision] of the Immigration and Refugee Board’s Refugee Protection Division [Board], which found they were neither Convention refugees nor persons in need of protection because of the availability of an internal flight alternative [IFA]. (See Decision)

    Dec 9, 2018 11:10 AM

  • Hong v. Canada (Attorney General) - 2018 FC 1208

    The Applicant, Jason Hong, is a member of the Royal Canadian Mounted Police (RCMP or the Force). He applied for admission to the Forensic Identification Apprenticeship Training Program (FIATP) in 2011 but was eliminated from the selection process. He grieved that decision. In this application for judicial review, he seeks an order of mandamus to compel the RCMP to implement an October 4, 2017 Adjudicator’s decision directing the Force to reinstate him in the process. For the reasons that follow, the application is dismissed. The Court will exercise its discretion not to award costs against the Applicant. (See Decision)

    Dec 9, 2018 11:09 AM

  • Girouard v. Canada (Attorney General) - 2018 FC 1184

    With a view to making the decisions required regarding the claims of privileged by the Canadian Judicial Council (“CJC”) with respect to the twelve (12) documents requested by the applicant, Justice Girouard (“the applicant”), pursuant to Rule 317 of the Federal Courts Rules, SOR/98-106, the Court, as manager of the cases involving the latter, issued an explicit order dated October 25, 2018, listing, among other things, the process the Court intended to follow in order to resolve the issue of the privileges claimed by the CJC for each of these documents. (See Decision)

    Dec 9, 2018 11:07 AM

  • The Gloomy Future of Access to Family Justice in British Columbia: Outcomes of the Law Society’s 2018 Annual General Meeting

    In December 2014, the Benchers of the Law Society of British Columbia unanimously agreed to act on the recommendations of its Legal Services Regulatory Framework Task Force and pursue “an amendment to the Legal Profession Act authorizing it to establish and regulate new classes of legal service providers in order to address unmet and underserved legal needs.” The creation of this task force stemmed from the recommendations of the Legal Services Providers Task Force the previous year, which... (See full article)

    Dec 9, 2018 5:06 AM

  • Are We Done Yet?

    If parties are successful in reaching an agreement at the end of a long day (or more) of mediation, one of the final challenges is preparing a written document everyone can sign to capture the terms of the settlement. (See full article)

    Dec 9, 2018 5:06 AM

  • Brunette v. Legault Joly Thiffault, s.e.n.c.r.l. - 2018 SCC 55

    This appeal raises two issues that call upon the Court to reaffirm fundamental principles of procedural and corporate law. The first relates to the rules of standing under the Quebec Code of Civil Procedure, CQLR, c. C-25 (“former C.C.P.”), now Code of Civil Procedure, CQLR, c. C-25.01 (“new C.C.P.”), and requires the Court to clarify what it takes to dismiss an action for lack of “sufficient interest” under art. 165(3) of the former C.C.P. (art. 168(3) of the new C.C.P.). The second relates to the distinct legal personality of corporations and requires the Court to reaffirm why shareholders do not possess a right of action under the Civil Code of Québec (“C.C.Q.”) in relation to faults committed against the corporation in which they hold shares. In my view, the application of fundamental principles leads to the conclusion that the appeal should be dismissed. (See Decision)

    Dec 8, 2018 11:10 AM

  • Crushed

    In Britain earlier this fall, three solicitors lost their careers. The High Court of England & Wales, overturning a decision by the Solicitors Disciplinary Tribunal, ruled that the three lawyers, who had each committed acts of dishonesty, should be struck off (disbarred) in order to maintain public confidence in the justice system. (See full article)

    Dec 8, 2018 5:06 AM

  • New Web App on What You Can Find in Ontario Courthouse Libraries

    Colleagues from the Ontario Courthouse Libraries Association have developed a wonderful web app to help lawyers plan their visit to the courthouses and courthouse libraries around the province. (See full article)

    Dec 8, 2018 5:06 AM

  • Wilful Act Required to Prove WSIB Fraud

    According to the Ontario Court of Appeal, when the Workplace Safety and Insurance Board (WSIB) charges a worker for “wilfully failing to inform the Board of a material change,” the WSIB must prove a wilful act, and, moreover, that a worker intended to obtain WSIB benefits to which he or she is not entitled to. (See full article)

    Dec 8, 2018 5:06 AM

  • R. v. Cyr-Langlois - 2018 SCC 54

    Where an accused is charged with operating a motor vehicle with a blood alcohol level exceeding 80 mg of alcohol in 100 ml of blood, once the Crown has established certain conditions, the burden shifts to the accused to raise a reasonable doubt about the reliability of the breathalyzer test results. If there is no evidence raising such a doubt, the results are presumed to be accurate, which is to say that the alcohol level in the breath sample is presumed to reflect the alcohol level in the accused’s blood at the time of testing, and that level is presumed to be identical to the alcohol level in the accused’s blood at the material time. (See Decision)

    Dec 7, 2018 11:13 AM

  • Canada (Citizenship and Immigration) v. Adeola - 2018 FC 1222

    The respondent, Odunayo Joy Adeola, is a citizen of Nigeria. She entered Canada in 2012 and made a claim for refugee protection on the basis of her fear of her abusive common law spouse. Ms. Adeola’s refugee hearing took place on November 24, 2017, before R. Rossi, a member of the Refugee Protection Division [RPD] of the Immigration and Refugee Board of Canada [IRB]. For reasons delivered orally at the conclusion of the hearing, the member accepted the claim for refugee protection. (See Decision)

    Dec 7, 2018 11:13 AM

  • Content Marketing

    Content marketing is pretty simple, it involves the creation and sharing of online material (such as videos, blogs, and social media posts) that does not explicitly promote you or your brand but is intended to stimulate interest. It is a proven strategy for finding new leads and for being thought of as an authority on the topic. For lawyers, especially those early in their career, it has become almost a rite of passage. (See full article)

    Dec 7, 2018 5:06 AM

  • GDPR Guidelines for Canadian Business

    The new EU GDPR privacy rules can apply to businesses outside of the EU that provide goods and services to EU data subjects. It is important for businesses outside of the EU to know when they are subject to the GDPR, as penalties for non-compliance are significant. An occasional sale to someone in the EU probably won’t be an issue – but what will? (See full article)

    Dec 7, 2018 5:06 AM

  • Sandhu v. Mangat - 2018 BCCA 454

    This is an appeal from an order removing Megan Ellis, Q.C., as counsel of record for the claimant in a family law case. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Katsoulis - 2018 ONSC 7089

    In the latter half of 2016 Toronto Police Services received an anonymous Crime Stoppers tip about the accused, George Katsoulis. The tipster said that Mr. Katsoulis trafficked powder cocaine, was currently storing cocaine inside his residence, provided a physical description and residential address for him, and said that he drove a black Mercedes. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Palmer - 2018 ONCA 974

    After a trial before a judge of the Superior Court of Justice, sitting without a jury, the appellant was convicted of two counts of each of three offences: robbery; aggravated assault; and discharge firearm with intent to wound. (See Decision)

    Dec 6, 2018 3:13 PM

  • R v Ryall - 2018 ABCA 411

    This appeal was dismissed from the bench with reasons to follow. These are those reasons. (See Decision)

    Dec 6, 2018 3:13 PM

  • Hall v. Buckley - 2018 ONSC 6581

    On August 24, 2018, I dismissed this application for failure of the applicants to move the matter forward. Although Ms. Buckley sought costs, I had no information upon which to assess them. I have now received submissions from Ms. Buckley and Mr. Mattis. (See Decision)

    Dec 6, 2018 3:13 PM

  • R v Shaw - 2018 ABCA 407

    This appeal was dismissed from the bench with reasons to follow. These are those reasons. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Sault - 2018 ONCA 970

    An unmarked police vehicle was broken into while in a hotel parking lot. Various items were taken, including a Sig Sauer semi-automatic handgun, a C-8 semi-automatic rifle, and multiple over capacity magazines, including magazines for the stolen guns. Oleoresin capsicum (“OC”) spray was also taken. The respondent’s left palm print was lifted from the outside packaging of paper located by forensic examiners on the front seat of the police vehicle. (See Decision)

    Dec 6, 2018 3:13 PM

  • Sankreacha v. Cameron J. and Beach Sales Ltd. - 2018 ONSC 7216

    The plaintiff, Bharath Sankreacha, is a former Service Advisor at the Canadian Tire store in Markham, Ontario. He was dismissed from his employment on June 21, 2010, after being accused of installing spyware on his employer’s computer and being charged by the police with unauthorized possession of credit card data. (See Decision)

    Dec 6, 2018 3:13 PM

  • R v Watson - 2018 ABCA 404

    There is a difference of opinion among judges of The Provincial Court of Alberta and the Court of Queen’s Bench[2] as to whether a criminal mandatory minimum driving prohibition order under s. 259(1) of the Criminal Code[3] may be reduced by a period equal to the duration of a provincial administrative licence suspension under the Traffic Safety Act[4] so that the ultimate prohibition is less than the mandatory minimum. (See Decision)

    Dec 6, 2018 3:13 PM

  • Spaetgens v Alberta (Securities Commission) - 2018 ABCA 410

    Mr. Spaetgens appeals the November 7, 2016 and March 8, 2017 decisions of a panel of the Alberta Securities Commission (the Panel) that found him to be in breach of the Securities Act, RSA 2000 c S-4 (the Act) and imposed various sanctions. He also appeals a May 5, 2016 decision of the Panel which dismissed his request for an adjournment of the merits hearing. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Safdar - 2018 ONSC 7067

    This is an application brought by the applicants for a stay of proceedings by virtue of breach of s. 11(b) and pursuant to s. 24(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.11 (“Charter”). (See Decision)

    Dec 6, 2018 3:13 PM

  • Auer v Auer - 2018 ABCA 409

    The appellant appeals an order in which the case management judge refused to recuse himself, and granted the Attorney General of Canada leave to intervene: Auer v Auer, 2018 ABQB 510. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Carpov - 2018 ONSC 6650

    L.M. went to Mr. Carpov’s rooming house on November 29th, 2015 to wait for her boyfriend. L.O. went to the same house on May 26th, 2016 to buy a cat. They both accepted alcoholic drinks from Mr. Carpov and shortly thereafter awoke to find themselves in his bed. It is not disputed that Mr. Carpov had sexual intercourse with both women. L.M. and L.O. testified that they have no recollection of ever entering Mr. Carpov’s bedroom and that they absolutely did not consent to any sexual contact with him. Mr. Carpov testified that they both enthusiastically consented to intercourse and were fully in command of their sensibilities when they did so. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Reeves - 2018 ONCA 976

    We see no error in the sentence imposed (four years plus ancillary orders). Given the quantum of fraud, its duration, the absence of any genuine remorse and the devastating impact of the frauds on the victims, we think four years does reflect the restraint principle. (See Decision)

    Dec 6, 2018 3:13 PM

  • H9P) v Alberta (Child, Youth and Family Enhancement) - 2018 ABCA 408

    The appellant father appeals a decision of the Queen’s Bench appeal justice who found that the within matter is moot and declined to hear the father’s appeal from a decision of the Provincial Court. The appellant argues that the matter is not moot, and that the interpretation by the courts below of s 21 of the Child Youth and Family Enhancement Act, RSA 2000, c C-12 (CYFEA) is wrong in law. Though named as a party respondent, the child, through her counsel, joined the father in his appeal. (See Decision)

    Dec 6, 2018 3:13 PM

  • Grench v. Scherrer - 2018 ONSC 7206

    This case involves a claim for personal injury by the plaintiff Joseph Grech. It arises out of an alleged assault by the defendant on March 30, 2010. The plaintiff asserts that he was attacked by his next door neighbour in the front yard of his home. There is also a claim for intentional infliction of harm, nervous shock and mental distress. The defendant asserts that it was in fact the plaintiff who was the aggressor in any altercation which occurred. The defendant also raises defences in the action based on provocation, self-defence and consent. (See Decision)

    Dec 6, 2018 3:13 PM

  • R. v. Hodge - 2018 ONSC 6916

    Ms. Hodge was convicted by a jury of importing 1.34 kilograms of cocaine into Canada. (See Decision)

    Dec 6, 2018 3:13 PM