Case Law › British Columbia

[1] Harris J.A.: This appeal arises out of the dismissal of a negligence action. The principal issue at trial was whether the defendant, Waterway, breached the standard of care owed to the plaintiff, Ms. Oddy, in the selection of a particular type of rope used to moor houseboats on Shuswap Lake. This question arose as the result of injuries Ms. Oddy suffered when a stake embedded in a beach, and...

[1] This is an appeal by the Superintendent of Motor Vehicles (the Superintendent) from an order revoking a two-month driving suspension imposed under s. 93(1)(a)(ii) of the Motor Vehicle Act, R.S.B.C., c. 318 [MVA].

[1] This is an appeal from an order of Justice Brundrett, pronounced May 11, 2018, dismissing the appellant's petition for a declaration that the respondent strata corporation must obtain supermajority approval of the owners before listing a strata complex (comprising both the strata units and the common property) for sale. In reasons for judgment indexed as Buckerfield v. The Owners of Strata...

[1] Goepel J.A.: This appeal arises from a debt claim for vegetable seedlings that the appellant, Grewal Farms Inc. (“Grewal Farms”), bought from the respondent nursery, Berlo Farms Ltd. (“Berlo”), between August 2013 and July 2015. Mr. Justice Funt ordered Grewal Farms to pay Berlo $46,459.49 plus pre-judgment interest. The trial reasons are indexed at 2018 BCSC 467.

[1] This appeal concerns Ms. Duggan's failed application for an order allowing her to move with the parties' son, now five years old, from their usual place of residence in the West Kootenay region of British Columbia, to the Lower Mainland region. By the application, Ms. Duggan sought to complete a program of studies at Simon Fraser University directed to qualifying her for remunerative...

[1] This appeal concerns the conduct of public officers in regulating the export of water for commercial purposes in British Columbia in the 1980s and 1990s. The respondent, Rain Coast Water Corp., through its principal, Colin Beach, was deeply dissatisfied with that conduct, which he considered unfair, unreasonable and harmful to his fledgling water export enterprise. After complaining for many...

[1] Canada applies for a further extension of a suspension of a declaration of constitutional invalidity. The general background of the matter was set out in an earlier judgment of the Court, 2019 BCCA 177:

[1] Abrioux J.A.: This appeal arises from an interim application (the “application”) in a family proceeding, which was heard on September 13, 2018, and in which the appellant sought interim child and spousal support and a financial restraining order.

[1] The petitioners in this case are Thomas Patrick Crean (“Thomas Crean”), his brother Michael Kevin Crean (“Michael Crean”), Crean Holdings Ltd. (“Crean Holdings”) and 1086881 B.C. Ltd. (“1086881”).

[1] The claimant seeks an order pursuant to s. 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), retroactively varying an order pronounced by Madam Justice Gray at a judicial case conference on May 5, 2015 (“Final Order”) regarding the payment by the respondent to her of child and spousal support.

[1] The respondent in this family law dispute applies for a stay of proceedings on jurisdictional grounds. He argues that this Court should decline jurisdiction over the dispute in favour of China. In the alternative, he argues that this Court should sever the dispute and solely adjudicate the issues of child support and parenting while declining jurisdiction over the issues of property division...

[1] THE COURT: The offender before the court, Armaan Singh Chandi, was jointly charged with Inderpal Singh Aujla with the attempted murder of the Motaz Alharbi using a restricted firearm, intentionally discharging a firearm while being reckless as to the life or safety of another person, covering his face with a mask while committing an indictable offence, dangerous operation of a motor vehicle,...

[1] This trial primarily concerned the division of assets. The parties began dating in high school. They moved in together in October 1996 and were married two years later. They had four children between 1999 and 2006. Their marriage lasted over 18 years, and they separated in April 2015.

[1] THE COURT: So these are my reasons for sentence in the matter of R. v. Victor Junior James. I will note at the outset that Mr. James has the right to address the court before sentence is imposed. However, Mr. James, who is in custody, repeatedly resisted efforts of jail staff and sheriffs to bring him to court and when appearing by video was so disruptive of the process that I had to remove...

[1] Mr. Hynes is charged with possession for the purpose of trafficking in controlled substances under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19. These offences are alleged to have occurred in and around the noon hour of October 27, 2017, at 5433 River Road in Port Alberni, B.C. (the “Property”).

[1] THE COURT: This is my ruling on the application made yesterday.

[1] Mr. Oswald stands charged with the commission of nine criminal offences alleged to have occurred on July 1, 2017 in Vancouver, British Columbia. The alleged offences include:

[1] On April 8 2019 after a trial I found that the plaintiff was wrongfully dismissed by the defendant and awarded him wrongful dismissal damages, unpaid vacation pay and aggravated damages.

[1] Sameer Mapara was sentenced to life imprisonment with no eligibility for parole for 25 years after being convicted of the first degree murder of Vikash Chand. Mr. Mapara applies to have a jury consider whether the number years of imprisonment he has to serve prior to being eligible for parole reduced pursuant to s. 745.6 of the Criminal Code, R.S.C. 1985, c. C-46. A jury has been empanelled...

[1] THE COURT: On January 9, 2019, I issued Reasons for Judgment (indexed at 2019 BCSC 21) in this personal injury action where liability had been admitted. In brief, the plaintiff, Mr. McPhail, sought damages of over $6 million. I awarded Mr. McPhail general damages of $35,000 and special damages of $2,475. No damages were awarded under any other head, although they were claimed by Mr. McPhail....

[1] THE COURT: In this decision, I will refer to heroin and fentanyl and the combination of the two drugs as heroin and/or fentanyl.

[1] Canivate Growing Systems Ltd. (“Canivate”) seeks an interim and interlocutory injunction, pursuant to the inherent jurisdiction of this court and Rule 10-4 of the Supreme Court Civil Rules, requiring Stuart Brazier to:

[1] THE COURT: This is an application by the respondent for a return of the parties' two children, Kenny, born May 3, 2014, so almost five, and Miikka, born January 20, 2016, so three, to West Kelowna from Telkwa near Smithers where they were taken by the claimant mother following an incident of family violence on November 14, 2018. The details of that violence are much in issue.

[1] This action arises in the context of the sale of a residential home in Chilliwack, British Columbia (the “Property”). The plaintiff, Robert Beacock, purchased the Property from the defendants, Fernando and Janet Moreno (collectively, the “Morenos”), pursuant to a contract of purchase and sale dated July 13, 2005 (the “Contract”).

[1] Jason Billing appeals his conviction for aggravated assault. He contends that errors in the judge's charge to the jury led them to reject his claim that he was acting in self-defence when he stabbed Kevin Markland, and resulted in an unjust verdict. In issue are the amended self-defence provisions of the Criminal Code, R.S.C. 1985, c. C-46, brought into effect in March 2013.

[1] On June 13, 2019, in reasons indexed as 2019 BCCA 219, we extended to June 28, 2019, a suspension of a declaration of constitutional invalidity in respect of certain provision of the Corrections and Conditional Release Act, S.C. 1992, c. 20. The declaration of constitutional invalidity had been issued by a trial judge, and had been extended by this Court, on conditions, in two earlier...

[1] The Superintendent of Motor Vehicles and the Attorney General of British Columbia (collectively the “Superintendent”) appeal an order that, on judicial review of an adjudicator's decision to uphold an immediate roadside driving prohibition (“IRP”) issued to the respondent Christine Adams, set aside the IRP and remitted the matter for reconsideration. On appeal, the Superintendent submits the...

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[1] This appeal calls upon us to determine whether the Chairperson of the British Columbia Review Board (“BC Review Board”), is entitled to constitutionally-protected judicial independence. That issue is the last unresolved question arising out of a dispute between the appellant and the respondent with respect to the manner in which the Chairperson is remunerated by the Province.

[1] D. Smith J.A.: The Crown applies to dismiss Mr. Muir's appeal from conviction and application for leave to appeal his sentence relating to those convictions for want of prosecution and/or for repudiation of the Court's jurisdiction, pursuant to s. 13(1) of the Criminal Appeal Rules. Section 13(1) provides: