vLex Canada

  • Grandmaison v. Berkenbos - 2018 BCSC 1329

    The defendant William Berkenbos, in his personal capacity, appeals from an order of a master dated June 6, 2018, requiring that he produce an affidavit verifying his list of documents dated May 29, 2018. (See Decision)

    Aug 16, 2018 6:08 AM

  • Huang v. Li - 2018 BCSC 1339

    In this application, the defendants PeiPei Li and LPP Properties Inc. (“LLP”) are seeking the return of what they say are privileged documents that the plaintiff Dongdong Huang generated in the course of his role as her and LPP’s counsel. They also seek: (1) an affidavit from Mr. Huang confirming that all of the documents in question have been returned and describing any use he has made of them since his dismissal as counsel; (2) an injunction prohibiting him from disseminating the documents (or copies) or discussing them any further; (3) an order sealing the court file; and (4) special costs. (See Decision)

    Aug 16, 2018 6:08 AM

  • Somani v. Jilani - 2018 BCSC 1331

    In this action the plaintiff, Moe Somani, alleges that he and the defendant, Layla Jilani, entered into an oral agreement to establish a massage business (the other defendant, Layla Jilani dba Wellness Massage Therapy Centre) as equal partners. Ms. Jilani denies this. Her position is that they initially discussed an equal partnership, but its formation was dependent upon each of them assuming liability and making financial contributions on an equal basis. Mr. Somani failed to do so, so the partnership never came to fruition. She claims the business has always been a sole proprietorship owned by her alone. (See Decision)

    Aug 16, 2018 6:08 AM

  • CSM v MKN - 2018 ABQB 594

    CSM applies for an order requiring his wife, MKN, to return the two children of the marriage to MKN’s care in Edmonton. MKN opposes the application. The application was heard as a viva voce special application, having been scheduled as a result of two emergency protection order reviews. (See Decision)

    Aug 16, 2018 6:08 AM

  • 311165 BC Ltd. v. Derewenko - 2018 BCSC 1340

    The plaintiff, operating as Sicamous Cedar, is in the business of selling cedar shake blocks. The defendant, Michael Derewenko, was a shareholder of General Cedar Products Ltd. (“General Cedar”). General Cedar acted as a brokerage service, which found buyers for the plaintiff’s cedar block products. General Cedar failed to pay the plaintiff all of the monies owing to it. (See Decision)

    Aug 16, 2018 6:08 AM

  • Ahmed v. Canna Clinic Medicinal Society - 2018 BCCA 319

    Jutta Ahmed (the Owner) appeals an order dismissing her claim against the respondent Canna Clinic Medicinal Society (the Tenant) for unpaid rent and damage to the leased premises. The claim was dismissed on the basis that it was estopped by the doctrine of res judicata ― the principle that a claim may only be brought once. (See Decision)

    Aug 16, 2018 6:08 AM

  • R v OM - 2018 ABPC 184

    OM, the Accused, is charged that he, on or about June 7, 2017 in Calgary, Alberta, did commit two counts of robbery, contrary to s 344(1)(B) of the Criminal Code, RSC 1985, c c-46 of Canada. The young person is also charged with one count of failure to comply with a Youth Sentence in that he failed to keep the peace and be of good behaviour, contrary to s 137 of the Youth Criminal Justice Act, SC 2002, c 1. (See Decision)

    Aug 16, 2018 6:08 AM

  • Hamilton v Delorme - 2018 ABQB 595

    Shared parenting was awarded in a somewhat unconventional way by the Court and as such there was mixed success. Further, the mother made an imprudent decision to buy a home and try to find a job elsewhere without having a clear agreement in place and provided no evidence of attempts to find a job within the location where the child has always resided. (See Decision)

    Aug 16, 2018 6:08 AM

  • R. v. Grant - 2018 NLCA 49

    On January 24, 2018, David Grant was convicted of indecent assault upon a young boy. The assault occurred approximately 30 years ago when the boy was approximately 12 years old and unable to consent to sexual activity. On April 13, 2018 Mr. Grant was sentenced to 18 months incarceration. He is appealing his conviction and applied for judicial interim release pending the outcome of his appeal. On July 24, 2018, I dismissed his application with reasons to follow. These are those reasons. (See Decision)

    Aug 16, 2018 6:08 AM

  • Turpin v. Constantinescu - 2018 BCSC 1326

    This summary trial proceeding is brought by the plaintiffs pursuant to Rule 9-7(15) and Rule 1-3 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. (See Decision)

    Aug 16, 2018 6:08 AM

  • Roy v. Cashen Estate - 2018 NSSC 186

    Mrs. Garnette Belle Cashen died on January 5, 2017. She had three daughters: Deborah M. Roy (Deborah), Sheila Ann Mary Morgan (Sheila), and Brenda Dee Michalski (Brenda). This application concerns the title to the family home at 15 Raymond Street in Dartmouth, Nova Scotia. The house was the only substantial asset of Mrs. Cashen’s estate. (See Decision)

    Aug 16, 2018 6:08 AM

  • R. v. Scott - 2018 MBPC 29

    I convicted Garron Scott after trial of assault cause bodily harm, uttering threats to kill and forcible confinement. This is my decision as to the appropriate sentence on these charges. The Crown seeks a sentence of 10 years and counsel for Mr. Scott seeks a sentence of 18 months incarceration which he has already served if given enhanced credit for his pre-sentence custody. (See Decision)

    Aug 16, 2018 6:08 AM

  • Kemp v. Ross - 2018 BCSC 1320

    The applicant, Ms. Kemp, seeks to have a registrar of the court review the bill of her former lawyer, the respondent, Mr. Ross. Mr. Ross formerly represented Ms. Kemp in a medical malpractice action. (See Decision)

    Aug 16, 2018 6:08 AM

  • Rohl v. British Columbia (Superintendent of Motor Vehicles) - 2018 BCCA 316

    This appeal, brought by the Superintendent of Motor Vehicles, concerns the drawing of inferences from evidence – in particular, inferences adverse to the case of a party who fails to testify or to call a particular witness at trial (or, as in this case, fails to supply affidavit evidence of a witness for consideration by a statutory decision-maker.) Since the scope and effect of the ‘adverse inference’ doctrine are often misunderstood, I begin with the formulation offered by S.N. Lederman, A.W. Bryant, and M.K. Fuerst in The Law of Evidence in Canada (4th ed., 2009): (See Decision)

    Aug 16, 2018 6:08 AM

  • Koohzad v Raimondi - 2018 ABPC 183

    This hearing was brought by Mr. Koohzad, the unmarried biological father of twin girls, born in 2012, pursuant to s 35(1) of the Family Law Act, SA 2003 c F-4.5 (the Act) for further contact time. That application was dismissed January 3, 2018 and these are the promised reasons. (See Decision)

    Aug 16, 2018 6:08 AM

  • Nelson v Evans - 2018 ABPC 170

    The parties conducted a two day custody hearing in July 2018. The file commenced in May 2016 and has been the subject of numerous Interim Orders. A fully contested Hearing on Spousal Support occurred on February 3, 2017 resulting in a decision by PCJ J. Sihra on June 13, 2017. This decision was appealed to the Court of Queen’s Bench and was formally dismissed on April 13, 2018. (See Decision)

    Aug 16, 2018 6:08 AM

  • R. v. Barry - 2018 NLCA 48

    Following written and oral submissions by counsel on behalf of the Attorney General and Keith Barry, with Crown counsel conducting a watching brief, I granted Mr. Barry’s application for the appointment of counsel under section 684 of the Criminal Code. (See Decision)

    Aug 16, 2018 6:08 AM

  • Woitas v Tremblay - 2018 ABQB 588

    This matter arises out of two separate motor vehicle accidents which occurred simultaneously on January 26, 2012, southbound on Highway 2 north of Leduc, near the turnoff to Nisku. (See Decision)

    Aug 16, 2018 6:08 AM

  • Director of Child and Family Services v. A.M. and N.N. - 2018 NUCJ 22

    In this application, the parties have asked the Court to decide whether a judge of the Nunavut Court of Justice has jurisdiction to return an apprehended child to one or both parents on an interim or temporary basis. The merits of the case were not presented to me. This decision is confined to interpreting sections 26, 26.1, and 28 of the Child and Family Services Act [Act]. (See Decision)

    Aug 16, 2018 6:08 AM

  • Mercedes-Benz Financial Services Canada Corporation v. 1063995 B.C. Ltd. - 2018 BCSC 1324

    The plaintiff, Mercedes-Benz Financial Services Canada Corporation (“MB”) seeks judgment under a conditional sale contract (“CSC”) where the defendants fell into default for the requisite monthly payment. (See Decision)

    Aug 16, 2018 6:08 AM

  • Luis v. Marchiori - 2018 BCCA 317

    These appeals concern the practice of expert witnesses charging for their time to testify at trial when they have given fact evidence and have not been qualified to give opinion evidence. The particular question before us is whether the party paying such charges is entitled to recover them from the other side as a disbursement. (See Decision)

    Aug 16, 2018 6:08 AM

  • TAL v SDB - 2018 ABQB 589

    TAL, separated wife of SDB, seeks retroactive and prospective child support (both s 3 and s 7) and spousal support. She is the primary caregiver of the children, ALB (nearly eleven) and BAB (nine). SDB seeks removal of restrictions on his parenting time. (See Decision)

    Aug 16, 2018 6:08 AM

  • Zando v. Ali - 2018 ONCA 680

    This is an appeal from an assessment of damages for sexual assault in a judge-alone trial. (See Decision)

    Aug 16, 2018 6:08 AM

  • Samco Developments Ltd v Canadian National Railway Company - 2018 ABQB 586

    Samco Developments Ltd (“Samco”) seeks a declaration that Canadian National Railway Company (“CN”) is trespassing on its lands by constructing improvements on its lands and by maintaining them. It also seeks a mandatory injunction requiring CN to remove the improvements from its lands. Samco seeks solicitor and client costs for having to bring this application. (See Decision)

    Aug 16, 2018 6:08 AM

  • R. v. Salomonie - 2018 NUCA 5

    At the Court of Appeal’s March 14, 2018 administrative speak-to-the-list sitting, the applicant advised the Court that he wished to make an application pursuant to s. 684 of the Criminal Code of Canada, RSC 1985, c C-46 [Criminal Code] seeking the assignment and funding of legal counsel for his appeal against conviction. On July 24, 2018, with the assistance of pro bono counsel, Mr. Salomonie delivered a notice of application with a supporting affidavit and factum seeking the s. 684 relief. (See Decision)

    Aug 16, 2018 6:08 AM

  • Hynes v. Western Regional Health Authority - 2018 NLSC 164

    This is a pre-trial application to decide on the admissibility of opinion evidence for a pending trial. Each party is proposing an expert witness to provide the opinion evidence, and each is objecting to the opposing side’s expert. Copies of the experts’ reports have been exchanged. (See Decision)

    Aug 16, 2018 6:07 AM

  • R. v. Darling - 2018 BCSC 1327

    The Vancouver Sun (the “Newspaper”) requests access to three documents in the court record in this matter, a murder prosecution recently stayed by the Crown. (See Decision)

    Aug 16, 2018 6:07 AM

  • R. v. Hanna - 2018 BCSC 1306

    During this trial, evidence of the complainant’s sexual activity arose during the complainant’s examination-in-chief, on her cross-examination and during the Crown’s cross-examination of the accused. I raised concerns about the application of s. 276 of the Criminal Code, R.S.C., 1985, c. C-46 [the “Code”], to some of the questions put to the complainant in cross-examination. Both Crown and defence took the position that an application under s. 276 was not necessary, and the trial continued. However, after cross-examination of the accused, the defence sought to re-examine the accused to clarify aspects of his evidence about the complainant’s prior sexual activity, acknowledging that a s. (See Decision)

    Aug 16, 2018 6:07 AM

  • R. v. A.H. - 2018 ONCA 677

    The appellant was convicted of child luring under s. 172.1(1)(b) of the Criminal Code. The indictment charged that the appellant believed the complainant was under 16 years of age. The complainant was a 15 year old friend of the appellant’s twin daughters. (See Decision)

    Aug 16, 2018 6:07 AM

  • Duhamel v. Financial Institutions Commission - 2018 BCSC 1309

    Martin Duhamel, the petitioner, is a member of Coast Capital Savings Credit Union (“Coast Capital”), one of the respondents to this petition. The other respondent is the Financial Institutions Commission, an agency established under s. 201 of the Financial Institutions Act, R.S.B.C. 1996, c. 141 [“FIA”], that has regulatory responsibility over financial institutions operating in British Columbia, including credit unions. The powers and duties of the Financial Institutions Commission are set out in the FIA. Its mandate is to safeguard confidence and stability in British Columbia’s financial sector, including the credit union sector, and to protect consumers of financial services from undue loss and unfair market conduct by regulated entities. (See Decision)

    Aug 16, 2018 6:07 AM