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5928 results for Canadian Caselaw › Court of Appeal (Manitoba)

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  • St Boniface General Hospital v PCL Constructors of Canada Inc et al, 2019 MBCA 57

    [1] Applications to extend the limitation period under Part II of The Limitation of Actions Act, CCSM c L150 (the Act), are brought regularly in Manitoba. Appeals of orders arising from those applications seem to follow nearly as a matter of course. This is one such appeal.

  • R v Froese, 2019 MBCA 56

    [1] The accused seeks a review under section 680(1) of the Criminal Code (the Code).

  • Manitoba Hydro-Electric Board v Public Utilities Board (Man) et al, 2019 MBCA 54

    [1] The applicant (Hydro) seeks leave to appeal two directives contained in Order 59/18 of the respondent (the PUB) released on May 1, 2018.

  • R v Green, 2019 MBCA 53

    [1] The accused appeals his conviction, by a judge and jury, for second degree murder.

  • R v Grant, 2019 MBCA 51

    [1] The applicant seeks leave to appeal from a decision of a summary conviction appeal judge (the appeal judge) who dismissed her appeal from a Judicial Justice of the Peace (JJP) who had convicted her of a photo radar speeding ticket, fining her $233.25, and imposing a six-month driving suspension.

  • R v Williams, 2019 MBCA 55

    [1] The accused appeals his convictions for attempted robbery and breach of probation order by failing to keep the peace, asserting that the verdicts are unreasonable because the trial judge convicted him on the basis of unreliable identification evidence.

  • Kalo v Winnipeg (City of), 2019 MBCA 46

    [1]                    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.

  • Mann v Mitchel, 2019 MBCA 44

    [1]                    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...

  • Aguiar v 5026113 et al, 2019 MBCA 47

    [1]                    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...

  • R v Omeasoo et al, 2019 MBCA 43

    [1] This case involves the powers of the police under section 495(1)(a) of the Criminal Code (the Code) to arrest individuals who are believed to have been involved in a firearms incident based on a 911 call.

  • R v Tsui, 2019 MBCA 41

    [1] The accused seeks leave to appeal a decision of the summary conviction appeal (SCA) judge denying his motion for an extension of time to file an appeal.

  • R v Plante, 2019 MBCA 39

    [1] The accused appeals his conviction for use of an imitation firearm (a CO2 air pistol) in the commission of an offence contrary to section 85(2) of the Criminal Code. The sole ground of appeal alleges that the trial judge erred in concluding that section 8 of the Canadian Charter of Rights and Freedoms (the Charter) had not been violated by the police conducting a warrantless search of the...

  • R v Okemow, 2019 MBCA 37

    [1] The accused appeals his convictions, after trial by judge and jury, for the second degree murder of Jordan Houle (the deceased) and attempted murder of Chad Hughes (Mr. Hughes). He was alleged to have shot each of them during the early morning hours of September 29, 2012, on a downtown Winnipeg street. He argues that the police violated his rights pursuant to section 8 of the Canadian Charter

  • North Portage Development Corp v Cityscape Residence Corp, 2019 MBCA 36

    [1] The defendant appealed the summary judgment granting the plaintiff's claim for a declaration that no rent was payable to the defendants under the terms of a sublease and dismissing the defendant's counterclaim for rent. At the conclusion of the appeal hearing, we dismissed the appeal with brief reasons to follow. These are those reasons.

  • R v McIvor, 2019 MBCA 34

    [1] The accused appeals his sentence of 24 months' incarceration imposed for two counts of armed robbery contrary to section 343(d) of the Criminal Code (the Code). Leave to appeal was previously granted by the chambers judge.

  • R v Hyra, 2019 MBCA 42

    [1] The accused appeals his conviction for one count of criminal harassment contrary to section 264(1) of the Criminal Code, following a trial by judge and jury. He has abandoned his sentence appeal.

  • R v Chan, 2019 MBCA 38

    [1] The accused appeals his convictions for break and enter with intent to commit an indictable offence and mischief over $5,000, and seeks a new trial.

  • Nash v Nash, 2019 MBCA 31

    [1] The parties to this appeal are brothers. Each appeals from an order of the motion judge granting summary judgment on certain claims of the plaintiff and awarding him costs.

  • Stern Partners Inc et al v Silver, 2019 MBCA 32

    [1] The appellants seek an extension of time to perfect their appeal by filing an appeal book and factum. They appeal an interim order (the order) regarding financial disclosure in this family proceeding, in which the motion judge:

  • R v Culligan, 2019 MBCA 33

    [1] Following a trial in the Provincial Court, the accused was convicted of the summary conviction offences of possession of cocaine, resisting a peace officer and failing to comply with an undertaking by failing to keep the peace. A summary conviction appeal judge (the appeal judge) dismissed his conviction appeal. Leave to appeal to this Court was granted, under section 839(1) of the Criminal...

  • Nash v MPIC et al, 2019 MBCA 30

    [1] The plaintiff appeals an order striking his statement of claim and awarding costs to the defendants.

  • R v Ewert, 2019 MBCA 29

    [1]                    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

    [1]                    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

    [1]                    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

    [1]                    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.

  • R v Herntier, 2019 MBCA 25

    [1]                          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.

  • Ash Apiaries Ltd v Steiner et al, 2019 MBCA 23

    [1]                    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).

  • Canad Corporation of Manitoba Ltd v Winnipeg (City of) et al, 2019 MBCA 21

    [1]                          The applicant appeals the decision of the reviewing judge dismissing its appeal of a decision of the City of Winnipeg Appeal Committee (the Appeal Committee).  The Appeal Committee’s decision arose from an appeal from a decision of the Board of Adjustment (the Board) approving variances to a zoning by-law.  The applicant seeks to set aside the variance order.  It also

  • Pearson et al v Winnipeg (City of) et al, 2019 MBCA 26

    [1]                    This is an appeal of an order dismissing an application for judicial review and other relief that challenged a land deal between the City of Winnipeg (the City) and the other respondents (the land developer).  The applicants describe themselves as concerned citizens.  While the City and the land developer acknowledge the applicants’ right to lawful dissent, they argue that...

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