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  • R. v. Kennedy - 2020 ONSC 844

    The applicant is charged with possession of fentanyl, for the purpose of trafficking, contrary to the provisions of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (“CDSA”). The offence is alleged to have occurred on October 26, 2017 in the City of Hamilton. (See Decision)

    Feb 18, 2020 3:07 AM

  • Sokolov v. The World Anti-Doping Agency - 2020 ONSC 704

    Following media reports in May 2016 that Russian athletes were part of a state-run doping program, the International Olympic Committee (“IOC”) took immediate steps to request that the defendant World Anti-Doping Agency (“WADA”) investigate the allegations. In turn, WADA appointed the defendant Professor Richard McLaren (“McLaren”) to conduct this investigation. The terms of reference included investigating whether the doping control process during the Olympic Games in Sochi 2014 (“Sochi 2014”) had been manipulated to conceal positive doping tests and to identify any athlete that “might have” benefitted from such manipulation. (See Decision)

    Feb 18, 2020 3:07 AM

  • Brunning and Fontaine v. AGC - 2020 ONSC 1003

    The appellant appeals the July 4, 2018 decision of Justice Perell, the Eastern Administrative Judge for the Indian Residential Schools Settlement Agreement (the “IRSSA”), in which he declined to recuse himself from deciding a request to award costs personally against the appellant, Faye Brunning, counsel for the plaintiffs. In two separate appeals, the appellant also seeks to have two consequent costs orders set aside. (See Decision)

    Feb 18, 2020 3:07 AM

  • Magcalas v. Magcalas - 2020 ONSC 595

    The parties to this litigation were married on August 5, 1998 and separated on February 20, 2015. There is one child of the marriage, F, who is now 19 years old and a full-time student. (See Decision)

    Feb 18, 2020 3:07 AM

  • Chaudhry v. Meh - 2020 ONSC 765

    The parties to this litigation each brought motions which, together, required a long motion date. Because there were urgent issues, I heard the mother’s motion for exclusive possession of the matrimonial home and the parties’ motions for parenting orders first, on the regular list, on October 15, 2019. I released my reasons on October 22, 2019. I ordered that the mother have exclusive possession of the matrimonial home, and I ordered a shared parenting schedule: Chaudhry v. Meh, 2019 ONSC 6101. (See Decision)

    Feb 18, 2020 3:07 AM

  • Baran v. Cranston - 2020 ONSC 589

    This matter is an appeal from a decision and order of the Master. The Appellant, Phillippa Baran, is seeking to set aside the decision and order of the Master appointing an Estate Trustee During Litigation (ETDL). (See Decision)

    Feb 18, 2020 3:07 AM

  • Hawrylyshyn v. Hawrylyshyn - 2020 ONSC 800

    The issues at this trial were solely related to property. Specifically, I was asked to determine the parties’ net family property, post-separation adjustments, division of contents, and issues related to the listing and sale of the matrimonial home, municipally known as 21 Bendale Blvd, Toronto, ON M1J 2B1. (See Decision)

    Feb 18, 2020 3:07 AM

  • Joo v. Tran - 2020 ONSC 806

    The Plaintiffs as vendors bring a summary judgment motion against the Defendants as purchasers, seeking damages for a failed residential real estate transaction. The Defendants oppose the relief sought. Both parties filed factums, casebooks of authorities, and affidavits. Some of the parties were cross-examined and transcripts were filed on behalf of both the Plaintiffs and the Defendants. (See Decision)

    Feb 18, 2020 3:07 AM

  • Yip v. Behboodi - 2020 ONSC 807

    The Appellants, Noorullah Behboodi and Zahra Behboodi (the vendors) were defendants in a Small Claims Court action commenced by Edward Yip (the purchaser), the Respondent in this Small Claims Court appeal. (See Decision)

    Feb 18, 2020 3:07 AM

  • Froud v. Froud - 2020 ONSC 726

    Richard Froud and Susan Froud are siblings. Richard commenced this action seeking disgorgement of certain proceeds received by Susan following their mother’s death. While the statement of claim advanced various heads of damage, the trial ultimately centered on the precise terms of an agreement entered into between Richard, Susan and their mother, and whether the agreement was breached by Susan. (See Decision)

    Feb 18, 2020 3:07 AM

  • Gagnon (Re) - 2020 ONCA 126

    Counsel for the respondent has confirmed that there will be no attempt to cross-examine Mr. Gagnon on his affidavit before the disposition of the bankruptcy trial. The appeal is moot. (See Decision)

    Feb 17, 2020 11:07 PM

  • Sutherland v. Toronto (City) - 2020 ONCA 122

    The appellant, Ineke Sutherland, has engaged in a dispute with the respondent, the City of Toronto, over the payment of property taxes since she first fell into arrears in 1998. As disclosed in her materials, she takes the position that until the City agrees that she does not have to pay interest or penalties on her substantial property tax arrears, she does not have to pay any tax. (See Decision)

    Feb 17, 2020 11:07 PM

  • Stoney Creek Centre Inc. v. 2459437 Ontario Inc. - 2020 ONCA 119

    This appeal concerns the amount the chargor, the appellant Stoney Creek Centre Inc. (“Stoney Creek”), must pay to the chargee, 2459437 Ontario Inc. (“245”), to discharge a mortgage on a commercial property known as the Lewis Property. Stoney Creek submits that the application judge erred in holding that it was required to pay the chargee, 245, the $3 million face amount of the mortgage, together with interest, instead of the lesser amount of approximately $2.7 million that had been advanced, plus interest. (See Decision)

    Feb 17, 2020 11:07 PM

  • Vigin G.F.R. Holdings Ltd. v. Kinder Care Children’s Centre - 2020 ONCA 120

    The appellants, Kinder Care Children’s Centre, Strong Foundation Inc., Kevin O’Neill, and Andrea O’Neill, appeal from the trial judgment finding them liable for damages arising from their abandonment of a 10-year commercial lease entered into with the respondent, Vigin G.F.R. Holdings Ltd. (the “Lease”). The appellants do not appeal the damages awarded by the trial judge; their grounds of appeal are limited to his findings of liability. (See Decision)

    Feb 17, 2020 11:07 PM

  • ENMAX Energy Corporation v TransAlta Generation Partnership - 2020 ABCA 68

    ENMAX Energy Corporation (ENMAX) and the Balancing Pool apply pursuant to s. 48 of the Arbitration Act, RSA 2000 c A-43 (the Act) for permission to appeal a decision of the Court of Queen’s Bench. (See Decision)

    Feb 17, 2020 11:07 PM

  • Brown v. Brown - 2020 BCCA 53

    The husband appeals from an order of a Supreme Court chambers judge determining the parties’ child support obligations. He says the judge erred in her assessment of guideline incomes, erred in making a retroactive order, and unreasonably refused to make an order that would have benefitted him by reducing his tax liability. Finally, he says that the order, as entered, requires him to make duplicate support payments for the last few months of 2018 and for January 2019. (See Decision)

    Feb 17, 2020 11:07 PM

  • R. v. Al-Enzi - 2020 ONCA 117

    At the conclusion of a trial before Doody J. of the Ontario Court of Justice, the appellant, Abdulaziz Al-Enzi, was convicted of assault with a weapon (particularized as a jailhouse shank), assault causing bodily harm, and aggravated assault. In accordance with R. v. Kienapple, [1975] 1 S.C.R. 729, the convictions for assault with a weapon and assault causing bodily harm were conditionally stayed. The trial judge imposed a term of incarceration of 30 months, with 153 days deducted for pre-sentence custody. Mr. Al-Enzi appeals the conviction and sentence. (See Decision)

    Feb 17, 2020 11:07 PM

  • R. v. Fuller - 2020 ONCA 115

    The appellant pled guilty on the basis of a joint sentencing position. The sentencing judge expressed concern with that position, after which the parties proposed another joint sentencing position. In the end, the appellant received a sentence that exceeded both joint positions. (See Decision)

    Feb 17, 2020 11:07 PM

  • Hurst Real Estate Services Inc. v. Great Lands Corporation - 2020 ONCA 109

    The respondents brought a claim against the appellants alleging the non-payment of a commission in relation to a sale of industrial real estate. The trial judge found the appellants jointly and severally liable to the respondents for breach of contract. For the reasons below, we dismiss the appeal. (See Decision)

    Feb 17, 2020 11:07 PM

  • Medcof (Re) - 2020 ONCA 105

    On November 29, 2002 the appellant was found not criminally responsible on account of mental disorder (NCRMD) of several offences committed on three separate victims over a period of two days. The offences included aggravated assault; assault with a weapon; kidnapping; uttering death threats; and criminal harassment, as well as breach of probation and of a form of judicial interim release. The victims included his roommate and his parents in separate incidents. (See Decision)

    Feb 17, 2020 11:07 PM

  • Codina v. Canadian Broadcasting Corporation - 2020 ONCA 116

    The moving party moves for an extension of time to perfect her appeal from the October 17, 2019 dismissal of her defamation action following a successful s. 137.1 (“Anti-SLAPP”) motion brought by the responding parties and from the corresponding costs endorsement. The responding parties oppose the moving party’s motion, submitting that she meets none of the well-established criteria for an extension of time. (See Decision)

    Feb 17, 2020 11:07 PM

  • Vivekanandan v. Terzian - 2020 ONCA 110

    This appeal involves a property dispute concerning possessory rights between next-door neighbours who live respectively at 45 and 47 Lawrence Crescent, in Toronto. Specifically, the dispute is over an approximate two-foot wide strip that runs between the two properties to which, according to the various surveys, the appellants have clear title. (See Decision)

    Feb 17, 2020 11:07 PM

  • R. v. C.M.M. - 2020 BCCA 56

    The then 16‑year‑old appellant was tried in the Provincial (Youth Justice) Court for aggravated sexual assault, unlawful confinement and sexual assault. The offences involved two complainants, both of whom were 17 years of age. The trial judge entered convictions on all three counts. (See Decision)

    Feb 17, 2020 11:07 PM

  • R. v. Percy - 2020 NSCA 11

    Triers of fact are often required to make difficult decisions in criminal cases. This can be especially so in sexual assault trials. Inconsistencies and contradictory evidence can support different outcomes. (See Decision)

    Feb 17, 2020 11:07 PM

  • R. v. Abdulle - 2020 ONCA 106

    On February 12, 2014, 57-year old John Maclean was found lying in a pool of his own blood in the parking lot of his apartment building at 101 Kendleton Drive, Toronto. His shirt was ripped. He was so covered in blood that paramedics had difficulty lifting his lifeless body into the ambulance. Subsequent autopsy examination disclosed a minimum of nine knife wounds, including: one to the chest, which fractured a rib and went through the diaphragm; another to the heart, which severed his pulmonary artery; and another to the thigh, which severed his femoral artery and caused massive blood loss. He also suffered a broken jaw and had bruises and abrasions all over his body, including his head. (See Decision)

    Feb 17, 2020 11:07 PM

  • Champion Products Corp. v. Intact Insurance Company - 2020 ONCA 111

    The respondents, collectively “Champion”, are related companies that owned or occupied a commercial building in Windsor, Ontario. Much of the building was destroyed by fire on February 15, 2011. (See Decision)

    Feb 17, 2020 11:07 PM

  • Ustymenko v. Sadochok Centre Inc. (Sadochok Preschool Centre) - 2020 ONCA 123

    The respondent Sadochok Centre Inc., operating as Sadochok Preschool Centre, is a small, non-profit Ukrainian daycare centre. K.K. was hired in 1979 as an administrator and bookkeeper and in 1989 also became a director. She resigned from the latter in 2016 and the former in 2017. The appellants became directors in January 2016. By the date of the hearing of the application, the appellants were no longer directors and had no other role at the Centre. The appellants appeal from the May 7, 2019 order of Ferguson J. dismissing their request for leave to commence a derivative action based on allegations that K.K. had misappropriated money in her capacity as director and derived personal benefit from the Centre. (See Decision)

    Feb 17, 2020 11:07 PM

  • Giesbrecht v. British Columbia (Attorney General) - 2020 BCSC 174

    This is a land claim action in which the plaintiff Kwikwetlem First Nation (“KFN”) seeks declarations of Aboriginal title as well as other relief in respect of certain lands in Port Coquitlam, British Columbia. (See Decision)

    Feb 17, 2020 11:07 PM

  • R v BRS - 2020 ABCA 29

    While 17 years old, the respondent was charged with sexual assault of a 15-year-old fellow student at his high school. Following trial, he was convicted and eventually sentenced to serve a two-year term of probation. The Crown has appealed that sentence. (See Decision)

    Feb 17, 2020 11:07 PM

  • VLG v WAJ - 2020 ABQB 105

    The parties both applied for variations to the existing child support order. (See Decision)

    Feb 17, 2020 11:07 PM