Canadian Caselaw › Prince Edward Island
- Westech Agricultural Ltd. v. The Farm Practices Review Board, The Town of Alberton, et al., 2019 PESC 51
- Taha v. Jenkins, Murphy, and Mitchell, 2019 PESC 50
- MacLeod v. Deputy A.G. & Prov. of P.E.I., 2019 PESC 48
- R. v. Gaudet, 2019 PESC 49
- Lavern v. Norman Estate, 2019 PESC 47
Carrington v. MacLeod, 2019 PECA 24
 The plaintiff retained the defendant, a lawyer, to bring a civil claim against a man for historic sexual assault. The defendant failed to commence the action within the applicable limitation period. The plaintiff commenced an action against the defendant for solicitor negligence. The defendant defended the claim and brought a motion for summary judgment. The plaintiff responded...
R. v. Blaisdell, 2019 PESC 43
 What is a fit and appropriate sentence for Preston James Blaisdell? Mr. Blaisdell has pled guilty to two counts of operating a “conveyance” (a motor vehicle) while prohibited. Pursuant to an order of the court of August 29, 2018, made under s. 259(1) of the Criminal Code of Canada, RSC 1985, c C-46 (the “Code”), Mr. Blaisdell was prohibited from driving for a period of four years (plus
B (L.D.) v. S (R.N.), 2019 PESC 44
 This is an application for child support on both a prospective and retroactive basis. The applicant (“mother”) and respondent (“father”) cohabitated between October 2004 and November, 2015. They have two children together, D.R.S. (“D.”), born March 29, 2008 and P.D.S. (“P.”), born July 14, 2010 (“the children”).
- R. v. Vautour, 2019 PESC 42
- Hughes v. PEITF, 2019 PESC 45
- Ellerdale Investments v. UPEI & Maxim 2000, 2019 PECA 23
- Chen and Li v. Dong et al., 2019 PESC 41
- D (D.E.) v. J (Q.R.), 2019 PESC 39
R. v. Neuman, 2019 PESC 38
 Mr. Neuman is charged with a total of six counts of sexual offences against J.O. ("J.O.") and K.O. ("K.O."), both of whom are male children. They are brothers. The offences are alleged to have occurred during the summer months of 2015 in eastern Prince Edward Island, where Mr. Neuman's family ran an accommodation business. He is charged with sexual assault, sexual...
- Preece v. Nicholson et al., 2019 PESC 34
- MacKinnon v. R., 2019 PESC 33
- R. v. Blood, 2019 PESC 32
R. v. Cudmore, 2019 PESC 20
 On April 7, 2017, police executed a warrant to search a house and outbuildings on Route 2 in Springvale (“the Springvale dwelling”). The accused, Robin Jason Cudmore, was found there when the search was conducted. Cocaine and paraphernalia associated with trafficking were found in the Springvale dwelling. Mr. Cudmore was arrested and charged with possession for the purpose of trafficking...
- Health PEI v. Privacy Commissioner, 2019 PECA 7
C.A.M. v. J.C., 2019 PESC 17
 The parties are the parents of three children. They signed a consent order in the fall of 2015 and consented to a divorce judgment in January 2016. The consent order and divorce judgment generally provide that the parties shall have joint custody and shared parenting time with the children on a week-about basis. Pursuant to the consent order and the consent divorce judgment, no child...
R. v. Smith, 2019 PESC 16
 Over a period of 16 months the offender, Tracy Ann Smith, defrauded her employer, the Stars for Life Foundation (the "Foundation") of almost $27,000.
Hughes v. Prince Edward Island Teachers’ Federation, 2019 PESC 15
 This decision results from three motions heard by the court. The Plaintiff, Andrew G. Hughes’ motion is as follows:
National Bank v. S. Taha and K. Taha, 2019 PESC 14
 On November 24, 2014, Sufian Zuhdi Taha and Khitam Taha (the “Tahas”) residents of Summerside, Prince Edward Island entered into a mortgage with the National Bank of Canada (the “National Bank”). The document signed by the Tahas in late November 2014 was registered at the Prince County Registry Office on the 23rd day of December 2014. The property subject to the mortgage was located...
DCP v. J.B. and D.J., 2019 PESC 13
 The respondents are the parents of one child, a teenaged boy (the “Child”). In the past, the parents’ relationship has been described as highly conflictual. The court previously concluded the Child was in need of protection on the basis of having suffered emotional harm pursuant to s-s. 9(k) of the Child Protection Act, R.S.P.E.I. 1988, c C-5.1 (the “Act”). The parties had...
R. v. W.J.M., 2019 PECA 6
 The appellant W.J.M. seeks release pending appeal from his conviction for offences contrary to s.163.1(2) making child pornography, and s.162.1(4) possession of child pornography. On about the 6th day of February, 2019, he was sentenced to 12 months incarceration to be served concurrently together with 24 months probation.
Taha v. Henry, 2019 PESC 11
 The plaintiff, Sufian Zuhdi Taha (“Mr. Taha” or the “plaintiff”) has initiated a number of actions in this court, including: actions against the Government of PEI; action and counterclaim against the National Bank of Canada (“National Bank”); and actions against legal counsel for the National Bank, Pamela J. Williams. In the current matter, the plaintiff has commenced an action against
R. v. L.A.D, 2019 PESC 12
 Pursuant to s. 577 of the Criminal Code of Canada (“the Code”) the Attorney General of this province signed a Direct Indictment on February 21, 2018. The Direct Indictment was filed in the court on February 22, 2018.
Reeves Water Treatment Systems v. Cooke & McNally, 2019 PESC 9
 The Plaintiff operates a water treatment business. The Defendant, Kendall Cooke (“Ms. Cooke”) owns a home in Kinkora. The Defendant, Joey McNally (“Mr. McNally”) lives with her. There is no question that the Plaintiff and Ms. Cooke entered into a contract for water treatment services and the installation of a UV light in the autumn of 2015. There is also no question that Ms. Cooke...
Chen and Li v. Dong et al., 2019 PESC 10
 On March 19, 2018, the plaintiffs sought and obtained a certificate of pending litigation (CPL) on property numbers PID 232447 and PID 683136. The properties were obtained by the corporate defendants in June 2015. As permitted by the Rules of Civil Procedure, the plaintiffs obtained the CPL on an ex parte basis (that is, without advance notice to the defendants). The ex parte motion
R. v. Clow, 2019 PECA 5
 Murder is the most serious offence known to Canadian law. It carries with it a mandatory life sentence. It is a stigma offence requiring subjective foresight of death (R. v. Vaillancourt,  2 S.C.R. 636, para.28). While an appellate court does not have the power to intervene simply because the trial court did a poor job of expressing itself, the public is entitled to...