vLex Canada

  • Trinity Western University v. Law Society of Upper Canada - 2018 SCC 33

    Trinity Western University (TWU), an evangelical Christian postsecondary institution, seeks to open a law school that requires its students and faculty to adhere to a religiously based code of conduct prohibiting “sexual intimacy that violates the sacredness of marriage between a man and a woman”. (See Decision)

    Jun 16, 2018 10:08 AM

  • Law Society of British Columbia v. Trinity Western University - 2018 SCC 32

    Trinity Western University (TWU), an evangelical Christian postsecondary institution, seeks to open a law school that requires its students and faculty to adhere to a religiously based code of conduct prohibiting “sexual intimacy that violates the sacredness of marriage between a man and a woman”. (See Decision)

    Jun 16, 2018 10:07 AM

  • Canada (Canadian Human Rights Commission) v. Canada (Attorney General) - 2018 SCC 31

    This appeal concerns several complaints under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (“CHRA ”), that were dismissed by the Canadian Human Rights Tribunal (“Tribunal”) in two decisions. The complaints alleged that the legislative entitlements to registration under the Indian Act, R.S.C. 1985, c. I-5 , were discriminatory practices prohibited by the CHRA . At issue before this Court is, first, whether deference is owed to a human rights tribunal interpreting its home statute and, second, whether the Tribunal’s decisions dismissing the complaints as direct attacks on legislation were reasonable. (See Decision)

    Jun 15, 2018 10:08 AM

  • Ewert v. Canada - 2018 SCC 30

    A person who is convicted of a criminal offence and sentenced to imprisonment for two years or longer becomes an inmate of Canada’s federal correctional system. Parliament has directed in s. 3 of the Corrections and Conditional Release Act, S.C. 1992, c. 20 (“CCRA ”), that the purpose of the correctional system is to contribute to the maintenance of a just, peaceful and safe society. This purpose is to be achieved by two means: first, by carrying out sentences through the safe and humane custody of offenders and, second, by assisting in their rehabilitation and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and the community. The Correctional Service of Canada (“CSC”) is the entity charged with ensuring that the purpose of the correctional system is achieved. (See Decision)

    Jun 14, 2018 10:08 AM

  • 689799 Alberta Ltd v Edmonton (City) - 2018 ABCA 212

    We have had an opportunity to review, in draft form, the Memorandum of Judgment of our colleague, Justice McDonald. We adopt his review of the facts, the decision of the Board, the grounds of appeal and the standard of review. We disagree with most of his analysis on the preliminary issue and with his analysis of the Board’s jurisdiction to consider and determine settlement privilege. In our view, the legislation that confers jurisdiction on the Board, when read in the light of decisions of the Supreme Court of Canada, clearly confers jurisdiction on the Board to consider and determine issues relating to settlement privilege. (See Decision)

    Jun 14, 2018 6:09 AM

  • R v Harrison - 2018 ABCA 211

    The respondent pled guilty to two counts of breach of trust by a public officer contrary to s 122 of the Criminal Code. He was sentenced to two years less a day to be served in the community under a conditional sentence order which provided for house arrest during the entire term of the order. The Crown appeals, arguing that the sentence is demonstrably unfit, should be set aside and a sentence of incarceration of two years less a day should be substituted. Accordingly, the Crown does not take issue with the length of the sentence but rather with whether it was an error to allow the sentence to be served in the community. (See Decision)

    Jun 14, 2018 6:09 AM

  • Saramia Crescent General Partner Inc. v. Delco Wire and Cable Limited - 2018 ONCA 519

    The defendants appeal from the judgment of Akbarali J. that awarded the plaintiff damages in the amount of $1,277,000, along with interest and costs. The claim arises out of the defendants’ repudiation of a commercial lease respecting a property owned by the plaintiff. Subsequent to the repudiation, the plaintiff sold the property. Liability was admitted and the only issue at trial was the assessment of what damages, if any, were due to the plaintiff by the defendants. The trial judge found that the property was not sold at fair market value and awarded damages for loss of rental profits as well as loss of capital appreciation on the property. (See Decision)

    Jun 14, 2018 6:09 AM

  • Shaw Production Way Holdings Inc. v. Sunvault Energy, Inc. - 2018 BCSC 926

    In this action, the plaintiff (“Shaw”) seeks damages against each of the defendants Sunvault Energy, Inc. (“Sunvault”) and Michael Matvieshen for breach of contract. Shaw asserts those parties agreed with Shaw that, in exchange for delivery of a debenture held by Shaw that charged the assets of Stealth Ventures Ltd. (“Stealth”), Sunvault agreed to pay Shaw $900,000 plus interest at 8%, and Mr. Matvieshen agreed to pay Shaw US$300,000. Shaw asserts that Sunvault and Mr. Matvieshen each failed to perform and therefore breached the agreements. Shaw says that damages in the sum of $1,134,000 (including contract interest) should be assessed against Sunvault, and damages in the sum of the Canadian dollar equivalent of US$300,000 should be assessed against Mr. Matvieshen. (See Decision)

    Jun 14, 2018 6:08 AM

  • Blueberry River First Nation v. Cheveldave - 2018 BCSC 920

    The Defendants, Shakir Alwarid and Alwarid & Associates Consulting Ltd., seek the dismissal of the Plaintiffs' claims against them, which the Plaintiffs quantify at $3,620,990.12. These two Defendants also counterclaim for $4,355.49, which is the amount of their unpaid invoice to the Plaintiff, Blueberry River First Nation ("BRFN" or "the Band"). (See Decision)

    Jun 14, 2018 6:08 AM

  • A.H.B. v. C.L.B. - 2018 BCCA 220

    This is an appeal of an order dismissing the appellant father’s application to vary an order respecting parenting arrangements so that the child could primarily reside with the father in Kelowna. The existing order, pronounced after a trial in December 2012, contemplated roughly equal parenting time with the child living in Salmon Arm. The effect of the order was that the father had to maintain a residence in Salmon Arm, even though he worked in Kelowna, if the week on, week off arrangement were to continue. (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. A.H. - 2018 NSCA 47

    A court cannot impose a dangerous (or long-term) offender designation without an expert assessment. This is achieved by remanding the offender to the appropriate psychiatric facility for a period not to exceed 60 days. In this matter, a remand was ordered but the 60-day time limit passed without the assessment being completed. The Crown appeals the sentencing judge’s refusal to extend that deadline. (See Decision)

    Jun 14, 2018 6:08 AM

  • Thorne v. College of the North Atlantic - 2018 NLCA 33

    This appeal concerns issues respecting a counterclaim commenced by the sole defendant in a class action certified under the Class Actions Act, SNL 2001, c. C-18.1 (the Act). (See Decision)

    Jun 14, 2018 6:08 AM

  • Gem in Niagara Homes Inc. v. Dewling et al - 2018 ONSC 3500

    The defendants Mr. and Mrs. Dewling, hired the plaintiff contracting firm to construct a modular home on their property in Dunnville. (See Decision)

    Jun 14, 2018 6:08 AM

  • Children’s Aid Society of Peel Region v. M.D. and A.B. - 2018 ONCJ 391

    This is a decision respecting motion for costs commenced by the respondent father Mr. A.B. against the Children’s Aid Society of the Region of Peel (Society). (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. George-Nurse - 2018 ONCA 515

    The appellant was convicted by a jury of one count of intentionally discharging a firearm while reckless as to the life or safety of another person (Criminal Code, s. 244.2(1)(b)) and one count of occupying a motor vehicle while knowing there was a firearm in the vehicle (s. 94(1)). He appeals his convictions on the ground that they are unreasonable. I agree, and would therefore allow his appeal on both offences. (See Decision)

    Jun 14, 2018 6:08 AM

  • B & L Holdings Inc. v. SNFW Fitness BC Ltd. - 2018 BCCA 221

    The underlying issue in this litigation is whether under California law a business can continue to use the endorsement of a celebrity when the celebrity is no longer using the business’ product. (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. Collins - 2018 ONSC 3539

    During the course of trial, the Crown attorney sought to introduce two distinct sets of Agreed Statements of Facts (“ASF”) that were tendered in support of Shaquille Collins’ (“Collins”) co-accused’s respective guilty pleas. These two ASF were related to Shamar Tynes (“Tynes”) guilty plea in youth court on August 1, 2014 and Christopher Newton’s (“Newton”) guilty plea on May 14, 2018. (See Decision)

    Jun 14, 2018 6:08 AM

  • M.C.J. v. R.J.G. - 2018 BCSC 929

    The trial of this high-conflict family law case took place before Mr. Justice Bowden of this Court during the period November 14 to December 8, 2016. Judgment was issued on March 23, 2017 and a 31-paragraph final order was thereafter filed addressing, among other things, custody, guardianship, parenting time respecting the parties' child, child support, property division and costs (the "Final Order"). (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. Andrew David Minard - 2018 ONSC 3514

    The accused is on trial for sexual assault and sexual interference, arising out of the allegation that he touched the breasts of the complainant sometime during 2011 and 2012 when she was 10 or 11 years of age. She is now 16. Her mother was dating the accused at the time of the alleged touching, and the complainant was alone at his home at the time. (See Decision)

    Jun 14, 2018 6:08 AM

  • Anderson v. Anderson - 2018 BCSC 928

    This is an appeal of an order of the Provincial Court of British Columbia in a family law proceeding. The order relates to the payment of spousal support, child support and s. 7 special or extraordinary expenses, both retroactively and into the future. (See Decision)

    Jun 14, 2018 6:08 AM

  • S.R. Goodman, J. - 2018 ONSC 3386

    The fundamental question raised by this Application is the extent of a donor’s right of input into the direction taken by a health and research centre that is the beneficiary of donated funds. Although couched as a demand for financial transparency, the heart of the issue is whether a donor is like an investor in a business who can require detailed reportage and can expect to be consulted on the implementation of a funded program. (See Decision)

    Jun 14, 2018 6:08 AM

  • CAS Ottawa v. M.A - 2018 ONSC 3543

    M.A., E.E. & D.D., Respondents (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. Walsh - 2018 BCCA 222

    Mr. Walsh was convicted on March 26, 2009 of aggravated assault and assault with a weapon. He was successful on appeal in overturning a finding that he was a dangerous offender and the Court remitted the matter to the trial court for sentencing. (See Decision)

    Jun 14, 2018 6:08 AM

  • Vancouver Area Network of Drug Users v. Downtown Vancouver Business Improvement Association - 2018 BCCA 228

    In our earlier reasons for judgment, this Court allowed appeals by the Downtown Vancouver Business Improvement Association (the “DVBIA”) and by the City of Vancouver from a decision of the Supreme Court quashing the Human Rights Tribunal’s dismissal of a complaint. We reinstated the Human Rights Tribunal’s order. Our reasons for judgment were silent on the issue of costs. (See Decision)

    Jun 14, 2018 6:08 AM

  • Godfrey v. Sony Corporation - 2018 BCSC 924

    This Ruling deals with an application for approval of settlements reached with three defendants and an application for approval of counsel fees and disbursements to be paid out of the settlement funds. This national class action has been actively managed and was fully litigated in respect to certification before me. (See Decision)

    Jun 14, 2018 6:08 AM

  • 1741347 Ontario Inc. v. 1572482 Ontario Inc. - 2018 ONSC 3505

    1741347 Ontario Inc. (“174”) and its principal and sole shareholder, Samirali Ladha, commenced this action under the simplified rules against the defendants 1572482 Ontario Inc. (“157”) and Revin Bailiffs Inc. (“Revin”) for trespass against goods. The claim arose from the exercise by 157, with the assistance of Revin, of a right of distress for unpaid rent against 157’s tenant, another company. 174 claimed that it was the owner of the goods that were seized and sold for a sale price of $9,000. 174 claimed that it purchased the goods and equipment (as part of a proposed purchase of an ongoing business) for a price of $80,000 and that the goods had this value. 174 claimed damages in this amount against 157 and Revin. (See Decision)

    Jun 14, 2018 6:08 AM

  • LeDrew v. Newfoundland and Labrador (Minister of Transportation and Works) - 2018 NLSC 123

    On October 26, 2010 Her Majesty the Queen in right of Newfoundland and Labrador gave notice under the Expropriation Act, RSNL 1990, c. E.-19 that it was expropriating 0.238 hectares of land on Blackmarsh Road, in the City of St. John’s, in the Province of Newfoundland and Labrador. (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. Dalley - 2018 NLSC 124

    This case involves a single charge under section 271(1) of the Criminal Code, R.S.C. 1985, c. C-46 against the Accused involving the Complainant, K.B., who was 19 years of age at the time of trial. The trial of the charge against the Accused commenced on February 20, 2018 and continued on February 21, 2018. The Complainant was the first witness called by the Crown. She testified via closed-circuit television as a result of an order made by this Court pursuant to section 486.2(2) of the Criminal Code on an application by the Crown that was heard at the commencement of the trial. The Crown had also applied for an order under section 486.1(2) of the Criminal Code allowing the Complainant to have the benefit of a support person while she testified; however, the Crown subsequently advised the Court that the Complainant did not want a support person with her while she testified. (See Decision)

    Jun 14, 2018 6:08 AM

  • AD General Partner Inc. v. Gill - 2018 BCSC 914

    This action concerns an option to purchase the shares of Illahae Dairy Farms Ltd. given to Julie Gill by the defendant 0927566 B.C. Ltd. (AM Properties). (See Decision)

    Jun 14, 2018 6:08 AM

  • R. v. Noseworthy - 2018 NLSC 122

    The accused stands charged: (See Decision)

    Jun 14, 2018 6:08 AM