Case Law › Yukon

[1]            This case is about the conditions of Mr. Sheepway’s incarceration in the Secure Living Unit of the Whitehorse Correctional Centre (“WCC”) from August 31, 2016, to May 8, 2018, some 21 months pending trial and sentencing. He challenges the constitutionality of his incarceration under s. 7 of the Charter of Rights and Freedoms. He also challenges the legality of the Secure Living...

[1]            The plaintiff, J.L.S. (the mother) brings an application for child support against the defendant, P.D.T.S. (the father).  The father opposes the relief sought.

[1]             Dylan Wabisca has been charged with having committed offences contrary to ss. 253(1)(a) and 254(5) of the Criminal Code.

[1]            VEALE C.J. (Oral):  I will give the judgment in generic terms and try not to give too much detail because we do draft them up and put them on the website.

[1]            This is an application by the defendants, Wayne Kwong Hap Yim and Fen Xei operating as 506 All Day Grill and 46249 Yukon Inc., for summary judgment. The defendants are seeking the dismissal of the plaintiff’s claim against them under the Fatal Accidents Act, S.Y. 2008 c. 86, as amended (the “Act”), on the basis that the plaintiff does not qualify as a spouse under the Act, and that,

[1]            This is an application by counsel for AIG Insurance Company of Canada (“AIG”) for production of certain documents based on relevance, solicitor-client privilege and litigation privilege.

[1]            VEALE C.J. (Oral):  This is an application of D.M., who is the father of J., born January 3, 2011. There is a long procedural history to the file, which I will set out, but the application that is before me by D.M., who resides in Carmacks, Yukon, is an application essentially expanding the Skype contact, which was ordered by Justice Gower in 2012, and is also asking for some in‑per

[1]            The defendant brings this application to strike pleadings in the context of the re-trial of this action after appeal. The action is a contractual dispute arising from North America Construction (1993) Ltd.’s (“NAC”) installation of a third turbine, new switchgear and associated equipment, as well as additional power cables for the redundancy project to the Aishihik generating...

[1]            Pursuant to s. 18 of the Pharmacists Act, R.S.Y. 2002, c. 170, Gennadi Gouniavyi, the Applicant, appeals two decisions: the July 30, 2017 decision of the Yukon Community Services Pharmacy Board of Inquiry and the August 9, 2017 decision of the Registrar of Pharmacists. Both decisions recommended sanctions against Mr. Gouniavyi who is a licensed pharmacist working at a pharmacy in...

[1]            The following is my decision on the preliminary objection made by Yukon Zinc Corporation to the petition brought by the Government of Yukon to appoint a receiver for Wolverine Mine, a zinc-silver-copper-lead-gold mine owned by Yukon Zinc and located in the southeast Yukon.  The mine has been temporarily closed since January 27, 2015.  

[1]            ASTON J. (Oral):  On May 10, 2019, I conducted a case conference in this case.  The procedural order of May 17, 2019 arises from that conference.  Pursuant to that order, the plaintiff's application for a summary disposition of the property issues was adjourned to the opening of trial, July 15th.  Consequently, the process this week was bifurcated with the Rule 19 application heard

[1]             CHISHOLM C.J.T.C. (Oral):  Tanya Charlie has pleaded guilty to one count of dangerous driving causing bodily harm.  She committed this offence on June 26, 2017, however it appears that Ms. Charlie only became aware of the charge on August 2, 2018.  She elected to proceed in Territorial Court and pleaded guilty on October 17, 2018.

[1]            In 2015, E.O. sexually touched S., his 17-year-old niece, who was in his family’s safekeeping because she had been struggling with difficult life challenges. He had sexual intercourse with her a number of times. After a protracted process, including a trial, a constitutional challenge, and a sentencing circle, Mr. O. was sentenced to 15 months’ incarceration, along with two years’...

[1]            In 2015, E.O. sexually touched S., his 17-year-old niece, who was in his family’s safekeeping because she had been struggling with difficult life challenges. He had sexual intercourse with her a number of times. After a protracted process, including a trial, a constitutional challenge, and a sentencing circle, Mr. O. was sentenced to 15 months’ incarceration, along with two years’...

[1]             Mark McCluskey was convicted after trial of having committed two offences contrary to s. 255(2) and two offences contrary to s. 255(2.1) of the Criminal Code.  The charges arose out of an accident that occurred on January 20, 2017.

[1]             RUDDY J. (Oral):     Brayden Pye has entered a guilty plea to one count of touching a person under the age of 16 years for a sexual purpose contrary to s. 151(b) of the Criminal Code.

[1]            The plaintiff applied to have the estate of Brendan Kinney added as a defendant in this proceeding. He also applied to amend his statement of claim, as set out in his notice of application, accordingly. Richard and Yolande Cherepak, the plaintiffs in a separate but related action, brought pursuant to the Fatal Accidents Act, R.S.Y. 2002, c. 86, also filed an application to have the

[1]            The plaintiffs applied to have the estate of Brendan Kinney added as a defendant to their claim. They also applied to amend their Statement of Claim, as set out in their Notice of Application. Derrick Gibbons, the plaintiff in a separate but related action, also filed an application to have the estate of Mr. Kinney added as a defendant to his claim. I heard the two applications at...

[1]             Ruddy J. (Oral):  Robert Davidson has been charged with operating a motor vehicle while his ability to do so was impaired by alcohol and with refusing to provide a breath sample. 

[1]            STROMBERG-STEIN J.A.: Mr. Kloepfer appeals his sentence of five months’ imprisonment followed by a two-year driving prohibition for dangerous driving causing bodily harm contrary to s. 249(3) of the Criminal Code, R.S.C. 1985, c. C-46. He seeks a reduction of one month on the basis that the sentence was imposed in conjunction with concurrent sentences for two convictions for...

[1]            DUNCAN J. (Oral):  There are two applications for decision in this matter.  This matter was heard on March 1, 2019.

[1]          The applicant, James William Smarch, applies under s. 678(2) of the Criminal Code, R.S.C. 1985, c. C-46 [Code] and Rules 3 and 16 of the Yukon Territory Court of Appeal Criminal Appeal Rules, 1993 for an extension of time to appeal a decision made by a Yukon Territorial Court judge on October 23, 2014, declaring him to be a dangerous offender. The applicant submits that the interests

[1]          Kaska Dena Council (“KDC”) applies for a declaration and order that the Government of Yukon (“Yukon”) has a duty to consult and accommodate KDC prior to issuing sport hunting licences and tags under the Wildlife Act, R.S.Y. 2002, c. 229, in the southern part of Kaska territory in Yukon. KDC also applies for a declaration that Yukon has breached its duty to consult. At the outset, it...