Canadian Caselaw › Court of Appeal (Manitoba)
- R v Ponace, 2019 MBCA 99
- R v Hebrada-Walters, 2019 MBCA 102
- R v Knott, 2019 MBCA 97
- Wiechern v Wiechern, 2019 MBCA 96
- Shore-Kalo v Kalo, 2019 MBCA 98
- 7451190 Manitoba Ltd v CWB Maxium Financial Inc et al, 2019 MBCA 95
- R v Asselin, 2019 MBCA 94
R v AJS, 2019 MBCA 93
 The accused appeals his convictions for the offences of sexual interference, invitation to sexual touching and making available sexually explicit material to a person under 16 years of age. The complainant is his granddaughter, who was 11 years old at the time of the offences.
Dakota Ojibway Child and Family Services et al v MBH, 2019 MBCA 91
 The respondent appeals an order granting summary judgment and appointing the petitioner (the Agency) as the permanent guardian of her infant son (G.H.).
Child and Family Services of Western Manitoba et al v LAN, 2019 MBCA 92
 The respondent appeals an order granted following a summary judgment proceeding, appointing the petitioner (the Agency) as the permanent guardian of her then 15-year-old daughter (A.N.).
R v Pendl, 2019 MBCA 89
 The accused appeals his convictions for break, enter and commit robbery (section 348(1)(b) of the Criminal Code) and forcible confinement (section 279(2)) resulting from his involvement in a violent home invasion perpetrated on an elderly man in his residence in rural Manitoba. He seeks leave to appeal and, if granted, appeals his sentence of eight years’ incarceration...
The Director of Child and Family Services v GMH, 2019 MBCA 90
 The respondent G.M.H. (the respondent) appeals an order of a motion judge dated May 5, 2017, dismissing his motion seeking a declaration that the petitioner did not have reasonable and probable grounds to believe that the respondent’s child, S.H., was in need of protection on August 30, 2016 (the first appeal).
Stevens v Haley, 2019 MBCA 88
 This is an appeal dealing with the custody of a very young child (A.H.) and the difficult issue of whether the respondent (the mother) could move A.H. from Manitoba to Saskatchewan, where the mother was attending university. The trial judge refused the mother’s application. She ordered that the parents would have shared custody with final decision-making power to the...
Kirsch et al v Winnipeg (City) Assessor et al, 2019 MBCA 87
 This is a motion for leave to appeal the decision of the Municipal Board of Manitoba (the Board) regarding the assessed value of 83 apartment buildings (the subject properties) made by the Assessor for the City of Winnipeg (the Assessor) for the years 2006 and 2008. For the purpose of this motion, there is no distinction between the 2006 and 2008 assessments.
R v Barker, 2019 MBCA 86
 The accused applies for leave to appeal sentence and, if leave is granted, for judicial interim release pending the appeal.
Nerbas v Manitoba, 2019 MBCA 85
 Seasonal flooding is a risk in the Assiniboine Valley. The Shellmouth Dam (the dam), located near the town of Russell, Manitoba, was built to mitigate this flooding risk, but now also serves other interests. Litigation over the dam’s operation gives rise in this appeal and cross appeal to a limitations issue and a question as to the calculation of damages when flooding...
R v Reilly, 2019 MBCA 84
 The accused was sentenced to 13 years’ incarceration for offences arising out of a home-invasion robbery. He seeks leave to appeal and to appeal his sentence, arguing that the sentencing judge erred in principle and that the sentence he imposed is demonstrably unfit because it is harsh and excessive.
- Winnipeg Condominium Corporation 479 v 520 Portage Avenue Ltd et al, 2019 MBCA 83
- R v Fisher, 2019 MBCA 82
- R v Woroniuk, 2019 MBCA 77
Kalo v Winnipeg (City of), 2019 MBCA 46
 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.
Aguiar v 5026113 et al, 2019 MBCA 47
 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...
Mann v Mitchel, 2019 MBCA 44
 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...
R v Ewert, 2019 MBCA 29
 After entering guilty pleas to other charges, the accused was convicted, by judge alone, of attempted murder for shooting an RCMP officer who attended his residence to arrest him. The accused appealed his conviction for attempted murder and sought an acquittal. If he was successful on his conviction appeal, he sought leave to appeal his sentence and to be sentenced on...
7451190 Manitoba Ltd v CWB Maxium Financial Inc et al, 2019 MBCA 28
 The principal question before me in this chambers proceeding is the discretion of the Court to grant the privilege of audience to a non-lawyer, who is a director of a corporation.
R v JHS, 2019 MBCA 24
 The young person seeks leave to appeal and, if granted, appeals his sentence of open custody and supervision imposed following guilty pleas to one count of robbery and one count of robbery with an imitation firearm.
Klippenstein v R, 2019 MBCA 27
 The appellant initiated a private prosecution in the Provincial Court by swearing 96 informations. After reviewing the charges, the Crown stayed all counts pursuant to section 579 of the Criminal Code (the Code). The appellant’s appeal to the Court of Queen’s Bench was summarily dismissed. The appellant now appeals to this Court asking that the stays be vacated.
Ash Apiaries Ltd v Steiner et al, 2019 MBCA 23
 In the Court below, the application judge granted the plaintiff leave to commence a claim in negligence against the defendant Jason Steiner carrying on business as Steiner Construction (Steiner) for damage, loss or injury to real property (the real property claim), but denied leave to commence a claim against him for damage, loss or injury to chattels (the chattel claim).
R v Herntier, 2019 MBCA 25
 Prior to the hearing of his appeal from a conviction for second degree murder, the accused brings a motion that I recuse myself from the panel scheduled to hear his appeal.