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  • St Boniface General Hospital v PCL Constructors of Canada Inc et al, 2019 MBCA 57

    [1] Applications to extend the limitation period under Part II of The Limitation of Actions Act, CCSM c L150 (the Act), are brought regularly in Manitoba. Appeals of orders arising from those applications seem to follow nearly as a matter of course. This is one such appeal.

  • R v Froese, 2019 MBCA 56

    [1] The accused seeks a review under section 680(1) of the Criminal Code (the Code).

  • Manitoba Hydro-Electric Board v Public Utilities Board (Man) et al, 2019 MBCA 54

    [1] The applicant (Hydro) seeks leave to appeal two directives contained in Order 59/18 of the respondent (the PUB) released on May 1, 2018.

  • R v Green, 2019 MBCA 53

    [1] The accused appeals his conviction, by a judge and jury, for second degree murder.

  • Knight et al v Sandhu et al, 2019 MBQB 71

    [1] The plaintiffs brought a motion seeking both an interim order and an order that the law office of Peter J. Moss preserve and secure, without release to any of the defendants or their representatives, any funds received in relation to the closing of the sale of 301 Burnell Street from Business Concern Canada Ltd. to Thunderhorse Developments Incorporated. In the alternative, the plaintiffs...

  • R v Grant, 2019 MBCA 51

    [1] The applicant seeks leave to appeal from a decision of a summary conviction appeal judge (the appeal judge) who dismissed her appeal from a Judicial Justice of the Peace (JJP) who had convicted her of a photo radar speeding ticket, fining her $233.25, and imposing a six-month driving suspension.

  • R v Williams, 2019 MBCA 55

    [1] The accused appeals his convictions for attempted robbery and breach of probation order by failing to keep the peace, asserting that the verdicts are unreasonable because the trial judge convicted him on the basis of unreliable identification evidence.

  • 6165347 Manitoba Inc. et al v Jenna Vandal et al, 2019 MBQB 69

    [1] The within action involves a claim by two plaintiffs, 6165347 Manitoba Inc. and 7138793 Manitoba Inc. (the plaintiffs) against a number of defendants.

  • Gill v. Kaur, 2019 MBQB 68

    [1] The parties married less than one year ago, on October 8, 2018, in Winnipeg. The petitioner filed his Petition for Annulment on December 28, 2018, which came before me as a desk-top, uncontested proceeding, supported by his affidavit.

  • Kalo v Winnipeg (City of), 2019 MBCA 46

    [1]                    The respondent the City of Winnipeg (the City) appeals the decision of the application judge which granted judicial review of a decision of the Winnipeg Police Service (the WPS).  It seeks to have the application judge’s decision set aside and the application dismissed with costs.

  • Neepawa-Gladstone Cooperative Ltd. v. Ehr, 2019 MBQB 65

    [1]          The issue for the Court to determine is whether or not to set aside the noting of default made by the Plaintiff against the Defendant on August 28, 2017.

  • Loeppky et al. v. Taylor McCaffrey LLP et al., 2019 MBQB 59

    [1] The defendants filed motions seeking leave of the court to file third party claims against Connor Bridges (“Bridges”) and KWB Chartered Professional Accountants Inc. (“KWB”). The plaintiffs and KWB oppose the motions, submit that the defendants have failed to meet the test for leave to issue third party claims and the plaintiffs will suffer a prejudice as a result of the defendants' delay in...

  • Dowd et al v Skip the Dishes Restaurant Services Inc. et al, 2019 MBQB 63

    [1]          There were two motions before the court on this matter. The first was a motion by the defendants to strike all of the statement of claim pursuant to The Court of Queen’s Bench Rule 25.11(1), without leave to amend.  Alternatively, the motion is to strike parts of that statement of claim as against all or some of the defendants, or order further particulars.

  • Kibsey v. Kibsey, 2019 MBQB 61

    [1] This is a Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.) (“the Act”) proceeding, and the discrete issue before the court concerns the respondent's spousal support claim (the other non-property issues between the parties having been resolved before trial).

  • The Law Society of Manitoba v. Kalo, 2019 MBQB 60

    [1] In about 2002, Mr. Kalo immigrated to Canada from Israel, where apparently he had been a lawyer for about six years. Over the last decade, the Law Society repeatedly found that he was not qualified to be a lawyer; he is not entitled to practise law in Canada.

  • Mann v Mitchel, 2019 MBCA 44

    [1]                    The petitioner, Christopher Mann, filed a notice of appeal from the decision of a Court of Queen’s Bench judge granting a final order concerning custody of his child with the respondent, Sarah Mitchell.  While the notice of appeal was filed on a timely basis, namely, June 29, 2018, the petitioner failed to perfect the appeal by not filing the material required under the...

  • Aguiar v 5026113 et al, 2019 MBCA 47

    [1]                    The plaintiff issued a statement of claim against the defendants claiming that a transaction relating to her home was unconscionable.  The plaintiff then applied for relief, by way of summary judgment, seeking to remove encumbrances filed against the title to her home by the defendant 5026113 Manitoba Ltd.  The defendants, for their part, moved for an order dismissing the...

  • R. v. Keesick, 2019 MBQB 49

    [1]          Mr. Keesick has been found guilty of the following offences:

  • R. v. Spence, 2019 MBQB 53

    [1]          The five counts on the indictment to which the accused has pleaded not guilty involve two complainants.  In respect of the complainant C.G.K., he is charged with committing a sexual assault while carrying a knife and secondly, with touching her for a sexual purpose.  In respect of the second complainant, K.D.F., he stands charged with three counts, including, sexual assault of K.D.F.

  • Fehr et al. v. Manitoba Public Insurance Corporation et al., 2019 MBQB 64

    [1] The defendants seek to dismiss the plaintiffs' claim for delay pursuant to Court of Queen's Bench Rule 24.02(1) (Man. Reg. 130/2017 s.9). This case requires the court to interpret the new Queen's Bench Rule which came into force in January 2018 and provides pursuant to Queen's Bench Rule 24.02(4) that the court may only apply sub rule (1) in a motion to dismiss an action for delay that has...

  • Bar Over H Ranch Ltd. v. The Rural Municipality of Grey, 2019 MBQB 56

    [1]          The plaintiff, Bar Over H Ranch Ltd. (“Bar Over H”), became the corporate owner of the South ½ of Section 8-9-5 WPM (“8-9-5W”) in January 2014 by transfer from Patrick Houde (“Houde”), the sole principal and director of Bar Over H.  The defendant, The Rural Municipality of Grey (the “RM”), is the rural municipality in which said property is located.

  • R v Omeasoo et al, 2019 MBCA 43

    [1] This case involves the powers of the police under section 495(1)(a) of the Criminal Code (the Code) to arrest individuals who are believed to have been involved in a firearms incident based on a 911 call.

  • R. v. Strykowsky, 2019 MBPC 24

    [1]          Mr. Strykowsky is charged with having care and control of a motor vehicle while his ability to do so was impaired by alcohol, and while his blood alcohol level was above the legal limit of .08.

  • R. v. Ellis, 2019 MBQB 45

    [1]          On April 20, 2017, Winnipeg Police Service officers executed a search warrant at a two-bedroom suite on the third floor of an apartment building on Waverley Street, in Winnipeg.  There they located three bricks of high quality cocaine, each weighing approximately one kilogram, and over $42,000 cash.  Levithan Ellis was the sole occupant of the suite at the time.  He was arrested and...

  • R v Tsui, 2019 MBCA 41

    [1] The accused seeks leave to appeal a decision of the summary conviction appeal (SCA) judge denying his motion for an extension of time to file an appeal.

  • R. v. Arrojado, 2019 MBPC 25

    [1]          This weekend’s Globe and Mail newspaper contained a feature investigative article about the pressing problem of foreign workers falling prey to illegal recruitment rackets run by unscrupulous immigration consultants. The story told of workers coming to Canada after paying large sums to fraudulent consultants, only to find no jobs, or different, lower-paying jobs, and abysmal living...

  • R v Plante, 2019 MBCA 39

    [1] The accused appeals his conviction for use of an imitation firearm (a CO2 air pistol) in the commission of an offence contrary to section 85(2) of the Criminal Code. The sole ground of appeal alleges that the trial judge erred in concluding that section 8 of the Canadian Charter of Rights and Freedoms (the Charter) had not been violated by the police conducting a warrantless search of the...

  • R v Okemow, 2019 MBCA 37

    [1] The accused appeals his convictions, after trial by judge and jury, for the second degree murder of Jordan Houle (the deceased) and attempted murder of Chad Hughes (Mr. Hughes). He was alleged to have shot each of them during the early morning hours of September 29, 2012, on a downtown Winnipeg street. He argues that the police violated his rights pursuant to section 8 of the Canadian Charter

  • R v McIvor, 2019 MBCA 34

    [1] The accused appeals his sentence of 24 months' incarceration imposed for two counts of armed robbery contrary to section 343(d) of the Criminal Code (the Code). Leave to appeal was previously granted by the chambers judge.

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