vLex Canada

Case Law

Draft Bills

  • IIROC Annual Report Gives Update on Fines, Collection and Enforcement Efforts and Pandemic Response

    The Investment Industry Regulatory Organization of Canada (IIROC) has released its Annual Report for 2019-2020 (Report). The Report outlines IIROC’s progress over the last year in increasing enforcement and collection efforts, promoting innovation in market supervision and streamlining its operations, all in furtherance of the goals set out in its Strategic Plan released in June 2019 (Strategic Plan). (See Article)

    Sep 28, 2020 4:32 PM

  • B.C. Government Takes First Steps to Address Rising Strata Insurance Costs

    On September 13, 2020, the Government of British Columbia (Government) announced regulatory changes (Regulations) to address rising strata insurance costs in British Columbia. These changes follow the passage of the Municipal Affairs and Housing Statutes Amendment Act (No.2), 2020 (Bill 14), which amended certain insurance-related provisions of the Strata Property Act (SPA) and the Financial Institutions Act (FIA). (See Article)

    Sep 28, 2020 6:32 AM

  • Curtis v. Canada (Human Rights Commission) - 2020 FCA 149

    Gary Curtis (the appellant) appeals from an interlocutory order of the Federal Court (per Gleeson, J.) rendered on January 14, 2019 (2019 FC 43). The order under appeal dismissed the appellant’s appeal of an interlocutory order of Prothonotary Aalto rendered on November 15, 2018 (T-1316-18). (See Decision)

    Sep 27, 2020 5:48 AM

  • Palliyaralalage v. Canada (Citizenship and Immigration) - 2020 FC 928

    The Respondent commenced this motion, with the consent of the Applicant, for an Order setting aside the decision of the Refugee Appeal Division (“RAD”) dated February 25, 2020 and remitting the matter back to the RAD for re-determination, without costs. (See Decision)

    Sep 27, 2020 5:48 AM

  • Liwak-Muir v. Muir - 2020 ONSC 5757

    This is an addendum to my Endorsement dated September 21, 2020 (Liwak-Muir v. Muir, 2020 ONSC 5669). (See Decision)

    Sep 27, 2020 5:48 AM

  • Konesavarathan v. University of Guelph Radio - 2020 FCA 148

    This appeal is from a judgment of the Federal Court (2018 FC 1217) dismissing an application for judicial review of a decision of the Canadian Human Rights Commission. In its decision, the Commission determined, applying paragraph 41(1)(d) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, that it would not deal with the complaint of the appellant, Kovarthanan Konesavarathan. (See Decision)

    Sep 27, 2020 5:48 AM

  • D Drops Company v. Naka Sales Limited - 2020 FC 926

    D Drops Company v. Naka Sales Limited (See Decision)

    Sep 27, 2020 5:48 AM

  • Canada (Public Safety and Emergency Preparedness) v. Ye - 2020 FC 924

    The Minister applies under section 72 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] seeking review of the decision of the Immigration Division [the Division] of the Immigration and Refugee Board releasing the Respondent, Mr. Jin Yuan Ye, from detention. (See Decision)

    Sep 27, 2020 5:48 AM

  • Wang v Alberta - 2020 ABQB 557

    On September 12, 2019, Xiaoli Lily Wang [Ms. Wang] and Daiming Robert Li [Mr. Li] filed a Statement of Claim naming the Government of Alberta [GOA] as the Defendant. This lawsuit was struck out on December 12, 2019 under Rule 3.68 via a Civil Practice Note No. 7 document-based “show cause” process: Wang v Government of Alberta, 2019 ABQB 869; Wang v Alberta, 2019 ABQB 948. (See Decision)

    Sep 27, 2020 5:48 AM

  • R. v. Patrick - 2020 BCCA 259

    The appellant is seeking to overturn his convictions for sexual assault causing bodily harm and unlawful confinement of a young woman. At the close of submissions on the hearing of this appeal, the appeal was allowed, the conviction set aside, and a new trial ordered, with reasons to follow. These are my reasons. (See Decision)

    Sep 27, 2020 5:48 AM

  • R v. J.W. - 2020 ONSC 5748

    This is a Crown appeal under Section 813(b)(i) of the Criminal Code against the respondent’s acquittal on one count of sexual assault. If the appeal against acquittal is allowed, the Crown requests that the respondent be convicted and sentenced for that offence. (See Decision)

    Sep 27, 2020 5:48 AM

  • R v Teed - 2020 ABCA 335

    The appellant, a member of the RCMP, was convicted of sexual assault and two counts of breach of trust arising from a search of the complainant at a vehicle check stop. The appellant says the trial judge erred in his assessment of the complainant’s credibility, and in his conclusion that the appellant’s second pat-down search of the complainant amounted to a sexual assault. (See Decision)

    Sep 27, 2020 5:48 AM

  • R. v. Hooper - 2020 NLPC 0819A00145

    These are the reasons why I have found the accused guilty of the charges of assault and of uttering a threat. (See Decision)

    Sep 27, 2020 5:48 AM

  • R. v. Theriault - 2020 ONSC 5725

    Michael Theriault was tried before me without a jury on charges of aggravated assault and attempt obstruct justice. The trial was hard-fought with no stone left unturned. (See Decision)

    Sep 27, 2020 5:48 AM

  • Vitucci v. Dimakis - 2020 ONCA 601

    The moving parties accept the appeal is properly brought in this court, but argue some of the relief claimed is not available. The moving parties may be correct, however, we see no value in addressing this issue separately on a preliminary motion before a panel. The moving parties may raise this issue as part of their response on the appeal. (See Decision)

    Sep 27, 2020 5:48 AM

  • Davies v. Syed - 2020 ONSC 5732

    The plaintiffs are collectively owners of twelve family residential homes located in Richmond Hill, Markham and Thornhill, Ontario. I will refer to these residences collectively as “The Residences”. All of the plaintiffs have entered into lease agreements of their homes with the defendant Arif Adnan Syed a.k.a. Arif Syed (Syed). (See Decision)

    Sep 27, 2020 5:48 AM

  • Quenneville et al v. Robert Bosch GmbH et al - 2020 ONSC 5678

    This class action relates to the “defeat device” that was installed in certain Volkswagen diesel vehicles and allegedly designed and supplied by Bosch. The settlements with the Volkswagen defendants have been approved by this court. The plaintiffs now seek the approval of the settlement with the Bosch defendants and the payment of class counsels’ legal fees. (See Decision)

    Sep 27, 2020 5:48 AM

  • R. v. Byun - 2020 ONCA 600

    In June 2019, the appellant was convicted of sexual assault by Knott J. of the Ontario Court of Justice following a trial in Brockville. In September 2019, the appellant received a custodial sentence of 14 months plus three years probation, a ten year weapons prohibition and a 20 year SOIRA order. (See Decision)

    Sep 27, 2020 5:48 AM

  • Canadian Snowbirds Association Inc. v. Attorney General of Ontario - 2020 ONSC 5652

    Regulation 552 under the Health Insurance Act, R.S.O. 1990, c. H.6 (“HIA”) previously allowed for the reimbursement of out-of-country medical expenses by Ontario’s Health Insurance Program (“OHIP”). On July 25, 2019, the Ontario Cabinet approved Regulation 259, which removed those provisions from Regulation 552, such that out-of-country medical expenses are no longer reimbursed by OHIP. The changes came into force on January 1, 2020. (See Decision)

    Sep 27, 2020 5:48 AM

  • J.F. v. L.K. - 2020 ONSC 5766

    On August 31, 2020, Leef J. considered the respondent’s urgent ex parte motion and granted a temporary order that the applicant’s access with her seven year- old daughter be supervised by one of three specified members of the applicant’s family. The matter returned to court on September 16, 2020, to be reviewed after notice was given to the applicant. (See Decision)

    Sep 27, 2020 5:48 AM

  • Leahy v. Canada (Citizenship and Immigration) - 2020 FCA 145

    A Visa Officer refused Mahbubur Rahman’s application for a study permit. With the assistance of the appellant, a disbarred lawyer, Mr. Rahman sought leave in the Federal Court to have the refusal reviewed. The Federal Court refused leave. (See Decision)

    Sep 27, 2020 5:48 AM

  • Baldwin v Imperial Metals Corporation et al - 2020 ONSC 5616

    In a motion for leave under s. 138.8 of the Securities Act, it is not enough to allege a secondary market misrepresentation. There must also be some evidence of a public correction. Absent a public correction, the statutory action for damages is not available and the motion for leave must be dismissed. (See Decision)

    Sep 27, 2020 5:48 AM

  • Chatham Street Realco (2102) Inc. v. Lalor et al. - 2020 ONSC 5698

    The plaintiff is the assignee of three mortgages over property owned by Ms. Lalor. The three mortgage debts all came due in 2017. The plaintiff’s evidence is that Ms. Lalor has paid nothing on the mortgages since 2017. In the interim, she allowed over $90,000 in property tax arrears to mount against the property. The mortgagee paid $50,000 toward the arrears to prevent the city from taking enforcement steps. In addition, the mortgagee accuses Ms. Lalor and her tenant of ignoring the mortgagee’s attornment of rents and failing to pay over rents paid by the tenant since January, 2020. (See Decision)

    Sep 27, 2020 5:48 AM

  • R. v. S.K. - 2020 ONCJ 426

    S.K. is charged with two counts of sexual assault against his wife N.K. The charges allege incidents on April 9 and 14, 2019. The defence admitted identification and jurisdiction at the commencement of the trial. (See Decision)

    Sep 27, 2020 5:48 AM

  • SHH Management Limited v. Philip - 2020 BCSC 1411

    The following list describes the parties and other defined terms used throughout these Reasons for Judgment: (See Decision)

    Sep 27, 2020 5:48 AM

  • R v DT - 2020 MBCA 88

    The accused appeals his conviction for sexual assault. At the conclusion of the hearing, we dismissed his appeal with reasons to follow. These are those reasons. (See Decision)

    Sep 27, 2020 5:48 AM

  • Moreton v. Inthavixay - 2020 ONSC 5699

    Ms. Inthavixay brings a motion for leave to appeal from decisions of Shore J. dated September 1, and September 11, 2020, directing that a trial of the issues of mobility and the children’s residential schedule commence on September 28, 2020 for three days. (See Decision)

    Sep 27, 2020 5:48 AM

  • R. v. Alisaleh - 2020 ONCA 597

    The appellant was convicted of one count of sexual assault and received a sentence of six months less one day in custody followed by two years of probation. He appeals from conviction and sentence. (See Decision)

    Sep 27, 2020 5:48 AM

  • Miller v. Qualicum Beach (Town) - 2020 BCSC 1412

    The petitioning property owner seeks an interim injunction restraining the respondent town (the “Town”) from removing from the petitioner’s property certain materials pursuant to an administrative order under its Property Maintenance and Standards Bylaw. (See Decision)

    Sep 27, 2020 5:48 AM

  • United Food and Commercial Workers Union of Canada, Local 175 v. Silverstein’s Bakery Ltd. - 2020 ONSC 5649

    This application for judicial review arises out of the bankruptcy of the respondent Silverstein’s Bakery Ltd. (“Bakery”). The United Food and Commercial Workers Union of Canada, Local 175 (the “Union”), which represented a group of Bakery’s employees, filed a grievance to obtain termination and severance pay following the bankruptcy. It now seeks judicial review of an arbitration award dated May 2, 2018 in which Arbitrator Ian Anderson determined that he had no jurisdiction to adjudicate a grievance concerning termination pay and severance pay as against Silverstein’s Holdings Incorporated (“Holdings”) and the directors of Bakery and Holdings. (See Decision)

    Sep 27, 2020 5:48 AM