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  • Bosveld v. M.N.R. - 2020 TCC 2

    At the outset, the parties agreed that all appeals be heard together. In addition, the Crown submitted that credibility with not an issue. I agree. (See Decision)

    Jan 21, 2020 3:07 PM

  • 2018-2019 Investment Canada Act Annual Report is Published

    Overview of the administration of the Investment Canada Act While there are a number of federal and provincial statutes that are sector-specific and that limit foreign investment in Canada, the Investment Canada Act (“ICA”) is the only statute of general application in Canada that provides for the review and approval of foreign investments. For investments... (See Article)

    Jan 21, 2020 7:33 AM

  • Canadian Court Says Indigenous Events In School Did Not Infringe Religious Freedom of Christian Students

    In Canada, in Servatius v. Board of Education School District No. 70, (BC Sup. Ct., Jan. 8, 2020), a British Columbia trial court judge rejected claims of infringement of religious freedom asserted by the mother of two school children. The court summarized the dispute: As part of an effort to acquaint students with Indigenous culture and to... (See Article)

    Jan 21, 2020 7:33 AM

  • Aubin v Petrone - 2020 ABCA 13

    The circumstances of the case are set out in full in the reasons of Feehan J.A. Regarding the appeal of the Merits Decision, Aubin v Petrone, 2018 ABQB 536 [Merits Decision], I concur with his reasons and agree that the appeal should be dismissed. Regarding the Remedy Decision, Aubin v Petrone, 2018 ABQB 973 [Remedy Decision], while I concur with some of Feehan J.A.'s conclusions, I find no error on the part of the trial judge in enjoining Mr. Petrone and Quantium with respect to bankruptcy and imposing the security interest, security agreement and charge on the Quantiam building; therefore, the appeals of this decision by Mr. Petrone and Quantiam are also dismissed. (See Decision)

    Jan 20, 2020 11:07 PM

  • BMO Trust Company v. Childs - 2020 ONCA 21

    The appellant appeals from the decision of the motion judge refusing to allow him to participate in the passing of accounts of his mother Eileen Childs. His mother, 92 years of age, is an incapable person with Alzheimer’s disease. Michael Childs, the appellant’s brother, is Mrs. Childs’ litigation guardian. Michael and his sister, Caroline, are jointly guardians for personal care of Mrs. Childs. BMO Trust has been appointed Mrs. Childs’ property guardian. (See Decision)

    Jan 20, 2020 11:07 PM

  • R. v. SPENCER - 2020 NBQB 4

    The accused, Adam Michael Spencer, is charged with a two-count indictment dated August 15, 2018, which reads: (See Decision)

    Jan 20, 2020 11:07 PM

  • Puittinen v Northern Lakes College - 2020 ABQB 4

    The Applicant, Joseph Puittinen, seeks judicial review of a decision made by the Vice-President, Academic (the “Vice-President”) of the Respondent, Northern Lakes College (“NLC”), not to convene the Student Appeals Committee for a Level Two appeal hearing into the institution’s direction that Mr. Puittinen withdraw from his academic program. (See Decision)

    Jan 20, 2020 11:07 PM

  • John Doe (Re) - 2020 NLSC 6

    This is an application for leave to commence and continue proceedings using a pseudonym. It calls for consideration of the interests of the public in open and transparent court proceedings and the employment and financial interests of the applicant. (See Decision)

    Jan 20, 2020 11:07 PM

  • Vantriet v. Ogutu - 2020 ONSC 50

    This Ruling deals with costs of a successful Hague Convention application brought by a father involving the return of two infant children to their habitual residence in the State of Nevada, U.S.A. The mother had removed the children from Nevada during on-going legal proceedings there that included custody and access claims. The children have now been returned. The mother did not accompany them to Nevada. (See Decision)

    Jan 20, 2020 11:07 PM

  • Watson v. Scouts Canada - 2020 BCSC 41

    This is an application brought by the respondent Scouts Canada pursuant to R. 21-8 of the Supreme Court Civil Rules to strike out portions of the petition on the basis that this Court lacks jurisdiction. (See Decision)

    Jan 20, 2020 11:07 PM

  • S.G.R. v. R.J.R. - 2020 BCSC 39

    This is an addendum to reasons for judgment issued November 22, 2019 and indexed as 2019 BCSC 2001. (See Decision)

    Jan 20, 2020 11:07 PM

  • R v Devloo - 2020 MBCA 3

    The accused appeals his convictions for trafficking (section 5(1) of the Controlled Drugs and Substances Act, SC 1996, c 19 (the CDSA)) and conspiracy to traffic in cocaine (section 465(1)(c) of the Criminal Code (the Code)) resulting from a year-long police investigation into major drug operations in Winnipeg. He also applies for leave to appeal and, if granted, appeals his sentence of 10 years’ imprisonment to be served concurrently on both charges as well as a fine in lieu of forfeiture in the amount of $212,000 (section 462.37 of the Code). The fine is to be paid within five years of his release from prison. In default, he is to serve three years’ imprisonment, consecutive. (See Decision)

    Jan 20, 2020 11:07 PM

  • R. v. R.D. - 2020 ONCA 23

    R.D. was convicted by a court comprised of judge and jury of sexual interference, sexual assault and uttering threats to cause bodily harm. He was acquitted of incest. The complainant was his younger sister, S.D. R.D. was sentenced to three years in prison (30 months for sexual interference; 30 months concurrent for sexual assault; and six months consecutive for uttering threats). (See Decision)

    Jan 20, 2020 11:07 PM

  • Schindler Elevator Corporation v. Walsh Construction Company of Canada - 2020 ONSC 252

    On December 18, 2019, I rendered my decision on the motion by Schindler Elevator Corporation (“Schindler”) for production for inspection of fully unredacted minutes of settlement as executed between Yuanda Canada Enterprises Ltd. (“Yuanda”) and Walsh Construction Company of Canada, Bondfield Construction Company Limited and Walsh Construction/Bondfield Partnership (collectively, “WBP”): see Schindler Elevator Corporation v. Walsh Construction Company of Canada, 2019 ONSC 7392. In my decision, I ordered, in part, that WBP produce for inspection a further version of the minutes of settlement that only redacted “the specific settlement amounts and any dates for payment”. (See Decision)

    Jan 20, 2020 11:07 PM

  • Bryce v. Rala Investments Ltd. - 2020 BCSC 51

    The defendants apply, during the course of the trial of this action, for a ruling that an expert report the plaintiff proposes to tender in evidence is inadmissible. (See Decision)

    Jan 20, 2020 11:07 PM

  • Woo v. Crème De La Crumb Bakeshop & Catering Ltd. - 2020 BCSC 42

    On October 15, 2019, I issued reasons for judgment in this matter, which are indexed at 2019 BCSC 1752. The action arose out of an incident that occurred on February 17, 2015, when the plaintiff fell from a ladder while working at premises leased by the defendant, resulting in catastrophic injuries. (See Decision)

    Jan 20, 2020 11:07 PM

  • R. v. Womack - 2020 ONSC 72

    Obinna Womack provided a breath sample into an approved screening device at the roadside, which registered as a fail. He was arrested for an over 80 offence and taken to the police station. A second officer, a breath technician, made a breath demand. Mr. Womack did not provide a proper sample and was charged with failing or refusing to comply with a breath demand. (See Decision)

    Jan 20, 2020 11:07 PM

  • R. v. Dennis Paul George - 2020 ONSC 268

    On November 18, 2019, in this proceeding, I delivered my judgment finding Mr George not guilty of the charged offence of attempted murder, contrary to s.239(1) of the Criminal Code of Canada, (“the Code”), but guilty of the lesser offence of “aggravated assault”, contrary to s.268(1) of the Code, which was included within the description of alleged misconduct set forth in the amended indictment. (See Decision)

    Jan 20, 2020 11:07 PM

  • Dais v. Virvilis - 2020 BCSC 35

    John Virvilis is a self-made man. He has been an excellent provider for his wife, Tassia Virvilis, and his children, Peter Virvilis, Helen Dais and Dennis Virvilis. (See Decision)

    Jan 20, 2020 11:07 PM

  • Bradbury v. Carbonear (Town) - 2020 NLCA 1

    Debra Bradbury issued a statement of claim against the Town of Carbonear based on the Town’s refusal to issue her a building permit to construct a dwelling on her property. The Town successfully argued that the claim should be struck on the basis that it was an abuse of process because the issue had already been determined in prior proceedings. It is that decision that is the subject of this appeal. (See Decision)

    Jan 20, 2020 11:07 PM

  • JENSEN v, JENSEN ESTATE - 2020 NBQB 8

    The plaintiffs and moving parties have brought the present Motion asking that the defendants be held in contempt of court of an order issued by Mr. Justice Richard Petrie on November 23, 2017. (See Decision)

    Jan 20, 2020 11:07 PM

  • R. v. K.R. - 2020 ONCA 20

    The appellant was convicted of two counts of sexual interference against his step-daughter, M.T., who accused him of rubbing and penetrating her vagina with his fingers on several occasions when she was between 7 and 14 years of age. The appellant was acquitted of sexual abuse charges against his biological daughter, A.T. (See Decision)

    Jan 20, 2020 11:07 PM

  • Janeric Engineering Inc. v. 2496110 Ontario Inc. - 2020 ONSC 220

    The plaintiff, Janeric Engineering Inc. ("Janeric"), seeks summary judgment for $400,000 plus interest based on a promissory note given by the defendant, 2496110 Ontario Inc. ("Parliament"), in the context of an asset purchase agreement. (See Decision)

    Jan 20, 2020 11:07 PM

  • R. v. Baichoo - 2020 ONSC 232

    On the initial day of Mr. Baichoo’s first degree murder trial, he was brought into the prisoner’s box covered only by a “security gown.” He was naked underneath. He wore neither underwear nor socks. (See Decision)

    Jan 20, 2020 11:07 PM

  • Brunning v. Cummings - 2020 BCSC 31

    The plaintiff purchasers of a house located at 3929 Woodell Road, West Kelowna, British Columbia (“House”) allege that the defendant sellers misrepresented its condition when they sold it to them. The House was built in 1974, in the “Glenrosa” subdivision area of West Kelowna. The plaintiffs say that the defendants deliberately failed to disclose significant pre-existing flooding issues in the basement of the House. (See Decision)

    Jan 20, 2020 11:07 PM

  • Metropolitan Toronto Condominium Corporation No. 933 v. Lyn - 2020 ONSC 196

    Saskia Kalicharan and Laura Rosenstrom are next-door neighbours. They live in adjacent apartments on the NNth floor of a high-rise condominium building in downtown Toronto, Ms. Kalicharan in Unit NNN1 and Ms. Rosenstrom in Unit NNN2. (I have anonymized their floor and unit numbers to protect their privacy.) Metropolitan Toronto Condominium Corporation No. 933 owns the common elements of the building and manages its operations, including providing concierge services. (See Decision)

    Jan 20, 2020 11:07 PM

  • Bernard v. Fuhgeh - 2020 ONSC 235

    By Endorsement dated December 18, 2019, Corbett J. directed the registrar to provide notice to Mr. Fuhgeh that the court was considering dismissing his appeal proceedings for being frivolous, vexatious, or an abuse of process under Rule 2.1.01 of the Rules of Civil Procedure, RRO 1990, Reg 194. (See Decision)

    Jan 20, 2020 11:07 PM

  • Jadhav v. Jadhav - 2020 ONCA 19

    Mr. Jadhav asks this panel to review a decision of a single judge of this court refusing a stay of an order setting a date for a settlement conference and setting terms for filing documents in the Superior Court of Justice and seeking an extension of time to perfect his appeal. He submits that the motion judge erred in considering that this court had no jurisdiction to hear his appeal, which should have been brought to the Divisional Court. He submits that a decision that this court had no jurisdiction should have been made by a panel of this court and not by a single judge. (See Decision)

    Jan 20, 2020 11:07 PM

  • United States v. Meng - 2020 BCSC 43

    Thirteen media organizations forming the “media consortium” apply for authorization to video record and broadcast (by webcasting, online streaming, and televising) the portion of the committal hearing concerning “double criminality”. That portion, which is scheduled to take place on January 20, 2020 for up to five days, will address whether the USA’s request for extradition satisfies the requirement in s. 29(1) of the Extradition Act that the conduct for which the USA seeks Ms. Meng’s extradition be shown to be conduct that would amount to a criminal offence under Canadian law if it had taken place here. (See Decision)

    Jan 20, 2020 11:07 PM

  • Newfoundland and Labrador (Manager, Child and Youth Services) v. D.B. - 2020 NLSC 5

    This case involves four children: A., age 10; L., age 8; T., age 6; and K., age 4. They are the children of D.B.(“the father”) and R.B. (“the mother”) (collectively, “the parents”). (See Decision)

    Jan 20, 2020 11:07 PM