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3931 results for Case Law › Prince Edward Island

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  • Chen and Li v. Dong et al., 2019 PESC 41
  • D (D.E.) v. J (Q.R.), 2019 PESC 39
  • R. v. Neuman, 2019 PESC 38

    [1]  Mr. Neuman is charged with a total of six counts of sexual offences against J.O. ("J.O.") and K.O. ("K.O."), both of whom are male children. They are brothers. The offences are alleged to have occurred during the summer months of 2015 in eastern Prince Edward Island, where Mr. Neuman's family ran an accommodation business. He is charged with sexual assault, sexual...

  • Preece v. Nicholson et al., 2019 PESC 34
  • MacKinnon v. R., 2019 PESC 33
  • R. v. Blood, 2019 PESC 32
  • R. v. Cudmore, 2019 PESC 20

    [1]  On April 7, 2017, police executed a warrant to search a house and outbuildings on Route 2 in Springvale (“the Springvale dwelling”).  The accused, Robin Jason Cudmore, was found there when the search was conducted.  Cocaine and paraphernalia associated with trafficking were found in the Springvale dwelling.  Mr. Cudmore was arrested and charged with possession for the purpose of trafficking...

  • Health PEI v. Privacy Commissioner, 2019 PECA 7
  • C.A.M. v. J.C., 2019 PESC 17

    [1]  The parties are the parents of three children.  They signed a consent order in the fall of 2015 and consented to a divorce judgment in January 2016.  The consent order and divorce judgment generally provide that the parties shall have joint custody and shared parenting time with the children on a week-about basis.  Pursuant to the consent order and the consent divorce judgment, no child...

  • R. v. Smith, 2019 PESC 16

    [1]  Over a period of 16 months the offender, Tracy Ann Smith, defrauded her employer, the Stars for Life Foundation (the "Foundation") of almost $27,000.

  • Hughes v. Prince Edward Island Teachers’ Federation, 2019 PESC 15

    [1]  This decision results from three motions heard by the court. The Plaintiff, Andrew G. Hughes’ motion is as follows:

  • National Bank v. S. Taha and K. Taha, 2019 PESC 14

    [1]        On November 24, 2014, Sufian Zuhdi Taha and Khitam Taha (the “Tahas”) residents of Summerside, Prince Edward Island entered into a mortgage with the National Bank of Canada (the “National Bank”).  The document signed by the Tahas in late November 2014 was registered at the Prince County Registry Office on the 23rd day of December 2014.  The property subject to the mortgage was located...

  • DCP v. J.B. and D.J., 2019 PESC 13

    [1]        The respondents are the parents of one child, a teenaged boy (the “Child”).  In the past, the parents’ relationship has been described as highly conflictual.  The court previously concluded the Child was in need of protection on the basis of having suffered emotional harm pursuant to s-s. 9(k) of the Child Protection Act, R.S.P.E.I. 1988, c C-5.1 (the “Act”).  The parties had...

  • R. v. W.J.M., 2019 PECA 6

    [1]               The appellant W.J.M. seeks release pending appeal from his conviction for offences contrary to s.163.1(2) making child pornography, and s.162.1(4) possession of child pornography.  On about the 6th day of February, 2019, he was sentenced to 12 months incarceration to be served concurrently together with 24 months probation.

  • Taha v. Henry, 2019 PESC 11

    [1]        The plaintiff, Sufian Zuhdi Taha (“Mr. Taha” or the “plaintiff”) has initiated a number of actions in this court, including: actions against the Government of PEI; action and counterclaim against the National Bank of Canada (“National Bank”); and actions against legal counsel for the National Bank, Pamela J. Williams. In the current matter, the plaintiff has commenced an action against

  • R. v. L.A.D, 2019 PESC 12

    [1]  Pursuant to s. 577 of the Criminal Code of Canada (“the Code”) the Attorney  General of this province signed a Direct Indictment on February 21, 2018. The Direct Indictment was filed in the court on February 22, 2018.

  • Reeves Water Treatment Systems v. Cooke & McNally, 2019 PESC 9

    [1]        The Plaintiff operates a water treatment business. The Defendant, Kendall Cooke (“Ms. Cooke”) owns a home in Kinkora. The Defendant, Joey McNally (“Mr. McNally”) lives with her. There is no question that the Plaintiff and Ms. Cooke entered into a contract for water treatment services and the installation of a UV light in the autumn of 2015. There is also no question that Ms. Cooke...

  • Chen and Li v. Dong et al., 2019 PESC 10

    [1]        On March 19, 2018, the plaintiffs sought and obtained a certificate of pending litigation (CPL) on property numbers PID 232447 and PID 683136.  The properties were obtained by the corporate defendants in June 2015.  As permitted by the Rules of Civil Procedure, the plaintiffs obtained the CPL on an ex parte basis (that is, without advance notice to the defendants).  The ex parte motion

  • R. v. Clow, 2019 PECA 5

    [1]               Murder is the most serious offence known to Canadian law.  It carries with it a mandatory life sentence.  It is a stigma offence requiring subjective foresight of death (R. v. Vaillancourt, [1987] 2 S.C.R. 636, para.28).  While an appellate court does not have the power to intervene simply because the trial court did a poor job of expressing itself, the public is entitled to...

  • R. v. Peterson, 2019 PECA 4

    [1]               The applicant Jody Arthur Peterson applies for release pending determination of the hearing of his appeal pursuant to s.679 of the Criminal Code. 

  • R. v. McInnis, 2019 PECA 3

    [1]               This appeal requires the Court to determine whether the sentencing  judge made an error in rejecting a joint submission on sentence of an Aboriginal offender.  The appellant submits the sentencing judge made two errors which impacted the sentence:

  • Taha v. National Bank of Canada, 2019 PECA 2

    [1]               The respondent Bank seeks to quash the appeal filed by Mr. Taha from an order of the Supreme Court.

  • Murphy et ors. v. Stanhope Cape Estates Inc., 2019 PESC 8

    [1]        The Defendant seeks an order discharging a Certificate of Pending Litigation (“CPL”) which was placed on certain parcels of land in the Stanhope Cape Estates subdivision. The CPL was obtained by the Plaintiffs on an ex parte motion on the same day, February 8, 2018, that they commenced the main proceeding by way of Statement of Claim.  The Defendant filed its Notice of Motion, seeking...

  • Birt v. Birt and Clow, 2019 PESC 7

    [1]        The defendants’ motion seeks an order discharging a certificate of pending litigation (CPL) which was issued by this court on June 27, 2018.  The order was in respect of 185 Pleasant Grove Road in Grand Tracadie, Prince Edward Island, which had been the residence of the defendant, Ruth Birt, until November 1, 2017.

  • R. v. M.L., 2019 PESC 6

    [1]       The female accused (“ML” or “accused”) is charged with sexual related offences against her daughter (“SP” or “complainant”), namely sexual interference contrary to s. 151 of the Criminal Code of Canada (the “Code”) and sexual assault contrary to s. 271(1)(a) of the Code.  The offences arise from a singular incident, alleged to have occurred between June 1 and September 30, 2000.  The...

  • (Re) Estate of Harry Lewis, 2019 PECA 1

    [1]           This is an appeal from an order discharging a certificate of pending litigation (“CPL”).  The Estate of Harry Lewis (the “Estate”) obtained and registered the CPL to give notice that it claimed an interest in the affected property (the “property”) by virtue of a constructive trust.  Evangeline-Central Credit Union (the “Credit Union”) had a lien on the property by virtue of a large...

  • Li v. Macnutt and Dumont and Walters, 2019 PESC 5

    [1]       This case is a result of a solicitor-client relationship which went bad.  The plaintiff, Ms. Li, had previously been employed by 4150775 Canada Inc. (carrying on business as “By The Water Shellfish Inc.”), from July 2011 until February/March of 2012. Ms. Li claims she is owed unpaid salary and commission from that employer in the amount of $9,537.13. 

  • Taha v. Williams, 2019 PESC 4

    [1]       The plaintiff (the "plaintiff" or “Mr. Taha”) has initiated a number of actions in this court, including a previous action against the named defendant herein.  The defendant is the solicitor for the National Bank of Canada ("National Bank"), involving litigation between the plaintiff and the National Bank, namely, National Bank v. Taha (S1-GS-27666) and Taha v....

  • Acadian Marine v. Highfield Construction and Parks Canada, 2019 PESC 3

    [1]       This motion is brought by Parks Canada Agency (hereinafter “Parks Canada”) who request that the Plaintiff’s Amended Statement of Claim be stuck pursuant to Rule 21.01(1)(b) of the Rules of Civil Procedure for failing to raise a reasonable cause of action.

  • R. v. Jennings, 2019 PESC 2

    [1]       What is a fit and appropriate sentence for Katelyn Anne Jennings, a relatively young woman, who has been convicted of two counts of assault with a weapon, involving her intimate partner? That is the question before the court.

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