Canadian Caselaw › Court of Appeal of British Columbia
- R. v. Delellis, 2019 BCCA 335
- R. v. Eyre, 2019 BCCA 333
- R. v. Li, 2019 BCCA 344
- Curic v. Rainbow’s End Housing Co-operative, 2019 BCCA 340
- R. v. Noddle, 2019 BCCA 342
- Dhaliwal v. Bonterra Resources Inc., 2019 BCCA 303
Tanious v. The Empire Life Insurance Company, 2019 BCCA 329
 Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial. Without an effective and accessible means of enforcing rights, the rule of law is threatened. Without...
- R. v. Begley, 2019 BCCA 331
- R. v. Learning, 2019 BCCA 332
- K.F.M. v. K.G.T., 2019 BCCA 339
Vancouver (City) v. British Columbia (Environment), 2019 BCCA 322
 This appeal addresses the unsuccessful petition of the City of Vancouver to set aside the same Environmental Assessment Certificate issued for the Trans Mountain Expansion Project discussed in the reasons for judgment in CA45372: Squamish Nation v. British Columbia (Environment), 2019 BCCA 321. In this appeal Vancouver appeals from the order dismissing its petition on the basis...
Jerace v. British Columbia (Provincial Court), 2019 BCCA 320
 This appeal concerns whether the youth justice court record of a complainant in a sexual offence can be accessed by an accused when the application for the record is brought for the first time in the course of an appeal.
- Squamish Nation v. British Columbia (Environment), 2019 BCCA 321
R. v. Wright, 2019 BCCA 327
 Blake Randall Wright appeals his July 15, 2016 conviction, by judge alone, of the following Criminal Code, R.S.C. 195, c. C-46 offences: sexual assault (s. 271) and overcoming resistance to sexual assault by choking (s. 246(a)).
- Staetter v. British Columbia (Adult Forensic Psychiatric Services), 2019 BCCA 337
- Keremelevski v. British Columbia (Workers’ Compensation Board), 2019 BCCA 338
Lee v. Weidner, 2019 BCCA 326
 DEWITT-VAN OOSTEN J.A.: The appellant agreed to act as litigation guardian to his father in defending a civil claim. A Supreme Court chambers judge found the appellant guilty of contempt on grounds that he knowingly breached a court order made during the litigation. The issue on this appeal is whether the finding of contempt should be set aside.
Nouhi v. Pourtaghi, 2019 BCCA 324
 FRANKEL J.A.: This is an application by the respondents for an order dismissing this appeal as moot. The appeal is from an order of a judge of the Supreme Court of British Columbia cancelling certificates of pending litigation (“CPLs”) filed by the appellant against real property pursuant to s. 215 of the Land Title Act, R.S.B.C. 1996, c. 250. In reasons for judgment indexed as 2
Santelli v. Trinetti, 2019 BCCA 319
 Aldo Trinetti, the appellant, and Rosanna Santelli were married in August 2001, and have nine-year-old twins. On March 6, 2013, following the parties’ separation in 2012, the respondent commenced this action. After highly contentious pre-trial proceedings, the case proceeded to trial for 19 days. In reasons indexed as Santelli v. Trinetti, 2018 BCSC 300, the trial judge granted a...
- R. v. Bus, 2019 BCCA 336
R. v. Ruiz, 2019 BCCA 323
 Those who embark in drug trafficking engage in serious criminal conduct. Absent exceptional circumstances, in British Columbia, they should expect to be sent to prison.
- Pacific Centre for Reproductive Medicine v. Medical Services Commission, 2019 BCCA 315
Evans v. New Westminster (Police Department), 2019 BCCA 317
 The issue in this appeal is whether notice of a 24-hour driving prohibition can be served in locations other than the roadside. Patrick Evans was served with notice of a 24-hour driving prohibition at a police station. On judicial review, he argued that such a notice can only be served at the roadside. The chambers judge accepted his argument and set aside the prohibition. In my...
- Wiegert v. Rogers, 2019 BCCA 334
Gonzalez v. British Columbia (Attorney General), 2019 BCCA 328
 FENLON J.A.: Mr. Gonzalez appeals the dismissal of his application to be permitted to commence an action against the Attorney General of British Columbia. Mr. Gonzalez has been declared a vexatious litigant in the Supreme Court and therefore cannot commence an action without leave.
R. v. Aikman, 2019 BCCA 312
 On July 20, 2017, a judge convicted Jayson Franklin and Andrew Aikman for numerous offences that occurred from August 10–15, 2014:
- R. v. Tallio, 2019 BCCA 330
R. v. Cooper, 2019 BCCA 325
 FENLON J.A.: Brian William Cooper seeks an extension of time to file an application for leave to appeal and, if both are granted, seeks to appeal against sentence. The sentence relates to two offences with respect to which Mr. Cooper pleaded guilty:
Greenway-Brown v. MacKenzie, 2019 BCCA 311
 On April 24, 2019, this court issued reasons for judgment in the appellant’s appeal of the dismissal of five claims for damages arising from five motor vehicle accidents, each involving different defendants. All five actions were heard together, both at trial and on appeal. The appeals in four actions were allowed and new trials were ordered (CA45180, CA45181, CA45182 and CA45183).
R. v. Lawson, 2019 BCCA 290
 On May 4, 2016, the appellant, Keith David Lawson, was convicted by a jury of income tax and GST evasion, making false statements in income tax returns and counselling fraud. He was sentenced to 18 months’ imprisonment on October 31, 2016, and made subject to a DNA order.