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262 results for Canadian Caselaw › Court of Appeal (Yukon Territory)

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  • R. v. Ellis, 2019 YKCA 10

    [1] Cooper J.A.: Justina Ellis appeals her dangerous offender designation and her 10-year long-term supervision order. She seeks a new hearing, pursuant to s. 759.3(a)(ii) of the Criminal Code.

  • R. v. E.O., 2019 YKCA 9

    [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’...

  • R. v. E.O., 2019 YKCA 9

    [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’...

  • R. v. Quash, 2019 YKCA 8

    [1] On December 6, 2018, Wesley Quash was sentenced to 10 months' imprisonment, less 3.5 months credit for time served, and 30 months' probation, following his conviction for aggravated assault contrary to s. 268 of the Criminal Code, R.S.B.C. 1985, c. C-46. He is due to be released in mid-April.

  • R. v. Quash, 2019 YKCA 8

    [1] On December 6, 2018, Wesley Quash was sentenced to 10 months' imprisonment, less 3.5 months credit for time served, and 30 months' probation, following his conviction for aggravated assault contrary to s. 268 of the Criminal Code, R.S.B.C. 1985, c. C-46. He is due to be released in mid-April.

  • R. v. Kloepfer, 2019 YKCA 7

    [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...

  • R. v. Smarch, 2019 YKCA 5

    [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

  • Wood v. Yukon (Public Service Commission), 2019 YKCA 4

    [1]          The Government of Yukon has brought an application pursuant to section 12.1 of the Court of Appeal Act, R.S.Y. 2002, c. 47, seeking to prohibit Juanita Wood from instituting a proceeding in the Court of Appeal on behalf of herself or another person without leave of the Court.

  • R. v. Mathieson, 2019 YKCA 6

    [1]            STROMBERG-STEIN J.A.: On November 23, 2017, Daryl Michael John Mathieson pleaded guilty to an offence under s. 271 of the Criminal Code, R.S.C. 1985, c. C‑46 concerning two instances of having sexual intercourse and one instance of oral sex with a 14-year-old girl. He was sentenced in the territorial court on June 13, 2018, to six months, less time served, and 15 months’ probation.

  • Ross River Dena Council v. Canada (Attorney General), 2019 YKCA 3

    [1]          This appeal concerns the proper interpretation, and the legal effect, of a provision of the Rupert’s Land and North-Western Territory Order (U.K.), reprinted in R.S.C. 1985, App. II, No. 9 (the “1870 Order”). The relevant provision (the “Transfer Provision”) of the 1870 Order reads:

  • R. v. Lange, 2019 YKCA 2

    [1]            Mr. Mark Lange appeals his dangerous offender designation or, alternatively, the imposition of an indeterminate sentence. For the reasons that follow, we are of the view that the appeal must be allowed, the dangerous offender designation set aside, and the matter remitted for a new hearing.

  • R. v. Kloepfer, 2019 YKCA 1

    [1]            The appellant, Paul Kloepfer, appeals convictions on one charge of dangerous driving contrary to s. 249(2) of the Criminal Code, R.S.C. 1985, c. C-46 [Criminal Code], one charge of dangerous driving causing bodily harm contrary to s. 249(3) of the Criminal Code, and two charges of failing to stop at the scene of an accident contrary to s. 252(1.1) of...

  • Wood v. Yukon (Public Service Commission), 2018 YKCA 15

    [1]            The appellant, Juanita Wood, appeals a decision made under s. 7.1 of the Supreme Court Act declaring her to have persistently instituted vexatious proceedings and prohibiting her from instituting a proceeding in the Yukon Supreme Court except with leave of that court.

  • Wood v. Yukon (Occupational Health and Safety Branch), 2018 YKCA 16

    [1]            FISHER J.A.:  The appellant, Juanita Wood, appeals a decision dismissing her petition against the respondents as an abuse of process of the court, vexatious, and disclosing no reasonable claim.

  • Blackjack v. Yukon (Chief Coroner), 2018 YKCA 14

    [1]            Cynthia Roxanne Blackjack died on-board a medevac aircraft while being transported to Whitehorse from a small Yukon community.  Following an investigation into the circumstances surrounding her death, the chief coroner decided not to hold an inquest.  Some months later, the Little Salmon Carmacks First Nation brought allegations of racial...

  • North America Construction (1993) Ltd. v. Yukon Energy Corporation, 2018 YKCA 13

    [1]            In reasons for judgment indexed as 2018 YKCA 6, we allowed the appeal of Yukon Energy Corporation (“YEC”) and set aside the order made at trial as it related to CRX 20, CRX 100 and the counterclaim for deficiencies. We also allowed the cross appeal of North America Construction (1993) Ltd. (“NAC”) as it related to CRX 111. We ordered a new trial as to those

  • R. v. Nowazek, 2018 YKCA 12

    [1] - [8]

  • Mega Reporting Inc. v. Yukon (Government of), 2018 YKCA 10

    [1]            The Government of Yukon (“Yukon”) appeals from the order of Justice Bielby, pronounced 16 November 2017, after a summary trial, awarding Mega Reporting Inc. (“Mega”) $335,844.93 plus interest for breach of contract arising from a Request for Proposals (“RFP”) process to award a contract for court reporting and transcription services. Yukon argues that...

  • R. v. Larue, 2018 YKCA 9

    [1]            On July 3, 2013, a jury found Norman Eli Larue guilty of the first degree murder of Gordon Seybold, who was killed on March 26, 2008 in Yukon Territory. Mr. Larue appeals against his conviction. He says the trial judge erred in admitting out-of-court statements by Ms. Christina Asp, originally a co-accused, who was tried separately and convicted of second

  • Angerer v. Cuthbert, 2018 YKCA 8

    [1]            The appellant, Shelley Cuthbert, operated a dog boarding business and continues to operate a dog rescue enterprise from her five-acre property located in the Tagish Estates subdivision which forms part of the unincorporated community of Tagish, Yukon. The number of dogs the appellant keeps on her property has fluctuated over time. In 2016, there were as...

  • North America Construction (1993) Ltd. v. Yukon Energy Corporation, 2018 YKCA 7

    [1]            In the reasons for judgment released May 15, 2018, indexed as 2018 YKCA 6, we omitted to address the issue of costs.

  • North America Construction (1993) Ltd. v. Yukon Energy Corporation, 2018 YKCA 6

    [1]        A proposition that should be unnecessary to state is that a court of appeal should not interfere with a trial judge’s reasons unless there is a palpable and overriding error.  The same proposition is sometimes stated as prohibiting an appellate court from reviewing a trial judge’s decision if there was some evidence upon which he or she could have relied to reach...

  • R. v. Carlick, 2018 YKCA 5

    [1]            Christina Gladys Carlick, also known as Christina Marie Asp, was charged with first degree murder, and convicted of second degree murder of Gordon Seybold on June 22, 2012. She was sentenced to life imprisonment and a 15-year eligibility before parole on October 5, 2012. She seeks leave to extend the time to file her notice of appeal against her ...

  • R. v. Buyck, 2018 YKCA 3

    [1]            Mr. Buyck appeals the sentence imposed on his conviction following a guilty plea for sexual assault.

  • R. v. Ellis, 2018 YKCA 4

    [1]            BENNETT J.A.: Justina Ellis pleaded guilty on April 25, 2016 to one count of robbery (s. 344 of the Criminal Code, R.S.C 1985, c. C-46), and one count of choking to overcome resistance for the purpose of committing an indictable offence (s. 246(a)). A psychiatric assessment was done pursuant to the dangerous offender provisions, under s. 752.1. As

  • Angerer v. Cuthbert, 2018 YKCA 1

    [1]                HUNTER J.A.: On October 11, 2017, the trial judge in this matter found the appellant liable to several of her neighbours in nuisance. He held that the noise from dogs barking on the appellant’s property was a substantial and non-trivial interference with their enjoyment of their respective properties which was unreasonable in all the circumstances. The trial judge’s reasons are

  • Ramirez v. Gale, 2017 YKCA 18

    [1]                Ms. Ramirez seeks to extend the time to file a notice of appeal in relation to a decision rendered May 29, 2017 dismissing her claim in defamation against the respondents. She is several months out of time. If the extension is granted, she seeks a stay of proceedings of the lower court order.

  • R. v. Nowazek, 2017 YKCA 17

    [1]                BENNETT J.A.: In an oral judgment on August 1, 2016, Mr. Justice Ducharme acquitted Mr. Nowazek of child pornography and weapons‑related charges, based on the exclusion of evidence obtained in the breach of his s. 8 Charter rights. Written reasons were published on February 7, 2017, and indexed as R. v. Nowazek, 2017 YKSC 8.

  • Yukon Energy Corporation v. Yukon (Utilities Board), 2017 YKCA 15

    [1]Yukon Energy Corporation appeals, with leave, from the August 18, 2015 order of the Yukon Utilities Board setting a rate for its wholesale electricity sales to Yukon Electrical Company Ltd. (the “Order”).  Yukon Energy contends that the rate set by the Board does not enable it to recover all of its costs of generating the electricity, thus contravening Order in Council 1995/90, which requires...

  • R. v. Stein, 2017 YKCA 14
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