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Case Law

  • R. v. Hoyeck - 2019 NSSC 7

    Elie Phillip Hoyeck stands charged that on or about September 20, 2013, at or near Dartmouth, Nova Scotia, did: (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Scofield - 2019 BCCA 3

    The Crown appeals a six‑month conditional sentence order (“CSO”) imposed on Mr. Scofield after he pleaded guilty to two counts of sexual interference contrary to s. 151 of the Criminal Code, R.S.C. 1985, c. C‑46 [Code]. Section 151(a) of the Code provides for a one‑year mandatory minimum sentence where the Crown proceeds by indictment, as it did here. (See Decision)

    Jan 17, 2019 3:07 PM

  • Lee v. Richcraft Homes Ltd. - 2019 ONCA 7

    This is a panel review of two orders of single judges of this court. The first motion judge refused an extension of time for the moving party, Byeongheon Lee, to move for leave to appeal an order of a single judge of the Divisional Court. The second motion judge refused an extension of time for Mr. Lee to seek a panel review of the first motion judge’s order. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Soltan - 2019 ONCA 8

    This is a conviction appeal. The appellant was unsuccessful at first instance in his challenge, under s. 8 of the Charter, to the validity of a search warrant issued under the Controlled Drugs and Substances Act, leading to the seizure of drugs and other items. The appellant was convicted of various offences, including possession for the purpose of trafficking a number of drugs. (See Decision)

    Jan 17, 2019 3:07 PM

  • McGee v Sunlife Assurance Co - 2019 ONSC 318

    In this action the Plaintiff seeks, inter alia, a declaration of entitlement to long term disability benefits payable by the Defendant. (See Decision)

    Jan 17, 2019 3:07 PM

  • R v Kulasingam - 2019 ABCA 6

    The appellant appeals his convictions for sexual assault and unlawful confinement. The complainant was providing child care services for the appellant and his wife. The complainant testified that the appellant picked her up, carried her into the master bedroom, put her on the bed, climbed on top of her and attempted to kiss her. He prevented her from leaving the room. The appellant testified that the complainant touched him first and then he touched her in the shoulder and neck area and the complainant touched his leg. He denied lifting the complainant up, carrying her to the bedroom, putting her down on the bed and lying on top of her and preventing her from leaving the room. (See Decision)

    Jan 17, 2019 3:07 PM

  • Amelin Resources Inc. v. Victory Energy Operations LLC - 2019 ONSC 239

    Amelin Resources, Inc. (“Amelin Canada”) sues Victory Energy Operations L.L.C. (“Victory Energy”) for breach of contract and conspiracy. It joined OOO ГРУППА "НЕФТЕХИММАШ" (c.o.b. as Neftehimmash), a Russian corporation, and Takado Industrial A.G., a swiss corporation, as co-defendants to the conspiracy claim. In June 2017, Amelin Canada discontinued the action as against Takado. The statement of claim was never served on Neftehimmash, and Amelin filed a notice of discontinuance as against Neftehimmash on June 30, 2017. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. K.S. - 2019 ONCA 14

    There are three grounds of appeal. (See Decision)

    Jan 17, 2019 3:07 PM

  • Thompson v Thompson - 2019 ABCA 7

    The appeal, as indicated by the oral submissions of both counsel and by the written submissions filed, turns on two subjects. The first subject is the matter of division of matrimonial property. The second is the matter of spousal support following the breakup of the marriage. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Hernandez-Mejia - 2019 ONCA 16

    The respondent was convicted of four counts of sexual interference and four counts of sexual assault after a trial by judge alone. The trial judge stayed the sexual assault charges and imposed sentences totaling 2 and a half years on the sexual offence charges. The Crown seeks leave to appeal from the sentences. (See Decision)

    Jan 17, 2019 3:07 PM

  • Raymond v. Nova Scotia (Information and Privacy Commissioner) - 2019 NSCA 1

    Michele Raymond has appealed the decision of Justice D. Timothy Gabriel dismissing her application for judicial review of a decision by the Office of the Information and Privacy Commissioner (“Commissioner”). The Commissioner declined to review Ms. Raymond’s two access to information requests which had been denied at first instance by the Halifax Regional Municipality (“HRM”) pursuant to Part XX of the Municipal Government Act, S.N.S. 1998, c. 18 (“MGA”). (See Decision)

    Jan 17, 2019 3:07 PM

  • Selkirk v. Selkirk - 2019 ONSC 298

    The issue to be decided now is how to deal with the costs of this application. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Horswill - 2019 BCCA 2

    This is a companion case to R. v. Scofield, indexed as 2019 BCCA 3, which also engaged the constitutionality of the mandatory minimum sentence in s. 151(a) of the Criminal Code, R.S.C. 1985, c. C‑46. In Scofield, this Court found, on the basis of a reasonable hypothetical and the particularized inquiry as it applied to that case, that s. 151(a) was unconstitutional and of no force or effect. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Oxford - 2019 NLPC 1318A00550

    This decision includes a synopsis of the four criminal adventures committed by the accused in the late Summer and Autumn of 2018, and sets out the reasons for the sentence being imposed today. I will set out the particulars of each criminal adventure, then move to discuss sentencing ranges, and then place the accused on the sentencing spectrum. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Strong - 2019 ONCA 15

    There are three arguments. Two can be disposed of with one response. The trial judge’s determination that the parity principle as applied between Mr. Jones and this offender, and the trial judge’s finding that the alleged misconduct of the police did not warrant any reduction in the sentence, were both reasonable exercises of her discretion based on the record and we would not interfere with either. (See Decision)

    Jan 17, 2019 3:07 PM

  • Ontario (Attorney General) v. $75,613 in Canadian Currency (In Rem) - 2019 ONSC 272

    The Attorney General of Ontario applied for a forfeiture Order under the Civil Remedies Act, 2001. I granted the application.[2] (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. P.B. - 2019 ONCA 13

    P.B. was convicted by a jury of sexual interference and sexual assault of his daughter, A.B., relating to one incident of sexual touching occurring between June 1, 1997 and August 31, 1998. A.B. was approximately 11 years old at the time. P.B. was also convicted of sexual assault and incest relating to numerous incidents involving A.B. between August 1, 2004 and September 12, 2012, including frequent sexual intercourse with A.B. (See Decision)

    Jan 17, 2019 3:07 PM

  • Re: Vari-Form Inc. - 2019 ONSC 218

    On January 8, 2019 I granted the Initial Order with reasons to follow. I am now providing those reasons. (See Decision)

    Jan 17, 2019 3:07 PM

  • Healthy Lifestyle Medical Group Inc. v. Chand Morningside Plaza Inc. - 2019 ONCA 6

    The appellants, Ashok Badwar and Usha Badhwar, are Rochak Badhwar’s parents. At his request, they signed a guarantee in favour of the respondents, guaranteeing the debts of Healthy Lifestyle Medical Group Inc. in the principal sum of about $607,000. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Li - 2019 ONSC 169

    Mr. Li is charged with impaired driving causing bodily harm, and that he did, while operating a motor vehicle with more than 80mg of alcohol in 100 millilitres of blood, cause an accident resulting in bodily harm. A voir dire was held, in which the issues litigated were the admissibility of certain statements made by Mr. Li, and the results of breath tests administered to him after the accident. The voir dire on the voluntariness and Charter issues was blended, on consent. (See Decision)

    Jan 17, 2019 3:07 PM

  • Career Blazers Learning Centre v Ontario - 2019 ONSC 240

    In this action the Plaintiffs, who are owners, operators and officers of a vocational college, claim damages in compensation for losses they incurred during what they allege to be an excessively protracted regulatory compliance process imposed on them by the province. The compliance inspection which found contraventions of the Private Career Colleges Act, SO 2005, c 28, Sch L, and regulations thereunder, occurred on February 16, 2010, but the Plaintiffs were not declared to be back in compliance until January 2012. During much of that time the Plaintiffs were under a Restraining Order and were unable to operate or earn fees. (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. K.G.A. - 2019 ONSC 275

    On September 18, 2016, P.J. went out to a Vancouver club. It was there that she first met A.S.A. P.J. left the club by herself. Ultimately, she ended up at a condo in downtown Vancouver. It turned out to be the condo where A.S.A., K.G.A. and R.Q.G. were staying. P.J. was attracted to A.S.A. and she stayed the night. The following day, September 19, 2016, the four of them flew to Ottawa. K.G.A. and R.Q.G. flew on one flight; A.S.A. and P.J. were on a later flight. (See Decision)

    Jan 17, 2019 3:07 PM

  • City of Toronto v. Avenue Road Eglinton Community Association - 2019 ONSC 146

    On July 11, 2014, the Appellant, the City of Toronto (the “City”), pursuant to its delegated authority, adopted a by-law amending its Official Plan by providing for the implementation of a development permit system (“OPA 258”). This is a first step for implementing the system. The second step is the passage of a Development Permit System by-law (“DPS by-law”). (See Decision)

    Jan 17, 2019 3:07 PM

  • R. v. Zora - 2019 BCCA 9

    Chaycen Michael Zora appeals his convictions for breaching his recognizance by failing to present himself at his door for two curfew compliance checks contrary to s. 145(3) of the Criminal Code, R.S.C., 1985, c. C-46. The sole issue is whether s. 145(3) imports an objective standard of mens rea. (See Decision)

    Jan 17, 2019 3:07 PM

  • Novosell v Bolster - 2019 ABQB 18

    This case involves the interplay of estate administration and limitations law. Where a son obtained the bulk of his father’s substantial landholdings via no-consideration and allegedly questionable transactions before the father’s death and later became his executor, does the passage of time insulate the son’s failure, as executor, to report as estate assets any property held by himself in trust for the estate or to challenge those transactions i.e. to pursue himself? (See Decision)

    Jan 17, 2019 3:07 PM

  • Santics v. Vancouver (City) Animal Control Officer - 2019 BCSC 24

    - [4] (See Decision)

    Jan 17, 2019 3:07 PM

  • AAG v JLG - 2019 ABQB 17

    Mr. G (“the Father”) and Ms. G (“the Mother”) separated in the fall of 2016. They have four children ranging in age from 5 to almost 12 years of age (the “Children”). This matter has been and continues to be in case management. Currently and by agreement, the parties are engaged in a therapeutic intervention to assist them in more effectively co-parenting their children. As part of that Order, no applications were allowed to be brought until the conclusion of that process, with the exception of this application to vary child support. (See Decision)

    Jan 17, 2019 3:07 PM

  • Damiani v. Toronto Hydro Corporation - 2019 ONSC 284

    The appellants appeal the decision of Master Abrams dated May 11, 2018 in which she dismissed the appellants’ motion for leave to amend their statement of claim without prejudice to their right to amend their claim in accordance with her Reasons for Decision. (See Decision)

    Jan 17, 2019 3:07 PM

  • Moffitt v. TD Canada Trust - 2019 ONSC 280

    This is a claim flowing from an alleged assault on the Plaintiff in May of 2013. The assault allegedly took place in a TD Automated Teller Machine (“ATM”) vestibule at 673 Warden Avenue in Toronto. The action was originally started in 2015, and was brought against the TD Bank, as well as two individuals, Ferdinand Pangan and Jason Green. (See Decision)

    Jan 17, 2019 3:07 PM

  • Chapadeau v. Devlin - 2019 ONSC 241

    The applicants and the respondents are owners at King’s Landing Private, Ottawa. All owners at King’s Landing are bound by a co-tenancy agreement. The applicants argued that s. 6.2 of the co-tenancy agreement should be discharged pursuant to s. 61(1) of the Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34, and that s. 6.2 is unenforceable because it is ambiguous, vague, uncertain, and obsolete. In reasons for decision released October 30, 2018 (2018 ONSC 6456 (CanLII)), I confirmed that s. 6.2 of the co-tenancy agreement is valid and enforceable, and dismissed the application. (See Decision)

    Jan 17, 2019 3:07 PM