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59 results for Canadian Caselaw › Supreme Court of Prince Edward Island

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  • R. v. G.M.B, 2019 PESC 26

    [1] An indictment is before the Court charging G.M.B. (“the accused”) with a single count of sexual assault on C.L.B. (“the complainant”) contrary to s. 271(a) of the of the Criminal Code of Canada. The alleged offence date is April 13, 2018.

  • A.L.M. v. C.G.M, 2019 PESC 24

    [1] The petitioner (hereinafter “A.L.M.”) and the respondent (hereinafter “C.G.M.”) are the parties to this family law proceeding. They were married on August 9, 2002, and separated on April 11, 2013. There is one child of the marriage (hereinafter “E.G.M.”), who was born in 2009. A.L.M. filed a Petition for Divorce on July 31, 2015. The parties were married for 10 1/2 years and cohabited for a...

  • Taha v. Clements, 2019 PESC 23

    [1] The plaintiff, Mr. Taha, filed a statement of claim in this action against the defendant, Ms. Clements, on December 31, 2018. Ms. Clements is the Chief Justice of the Supreme Court of Prince Edward Island. In her role as a justice of the Supreme Court, Clements C.J. issued two written decisions dismissing actions commenced by Taha against the National Bank of Canada (NBC), (Court file S2-GS-61

  • R. v. McCarthy, 2019 PESC 25

    [1] In the early evening hours of January 29, 2018, two individuals entered the home of Gail Meunier and her daughter, Louise Barlow, and committed a number of criminal offences, including robbery, assault, and assault with a weapon. The faces of the two individuals were partially covered. The critical issue is that of identity, namely whether the accused, Ryan James McCarthy, was in fact one of...

  • Ayangma v. The Saltwire Network Inc. et al.,, 2019 PESC 22

    [1] My decision resulting from a motion for Summary Judgment was issued December 14, 2018. The Defendant, The Saltwire Network Inc., operating as The Guardian (“Saltwire”), Ryan Ross and Barbara McKenna were successful and partial indemnity costs were awarded against the Plaintiff, Noel Ayangma (“Mr. Ayangma”). The outcome may be summarized as follows:

  • Fraser v. Runighan, 2019 PESC 21

    [1] In a decision rendered August 3, 2018 (Fraser v. Runighan, 2018 PESC 26), the court ordered inter alia the defendants to provide an advance to the plaintiff, Veronica Anne Fraser, in the amount of $117,607. The court also granted summary judgment in favour of the plaintiffs on the issue of liability for the motor vehicle accident giving rise to the action. The parties were encouraged to make...

  • R. v. Cudmore, 2019 PESC 20

    [1]  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...

  • C.G. v. P.P., 2019 PESC 19

    [1] By way of background, the parties consented to the terms of an order in December of 2015 (filed February 2016) related to, inter alia, spousal support; medical and dental coverage; and, designation of beneficiary on the respondent's life insurance policy.

  • Luo v. R, 2019 PESC 18

    [1] On November 9, 2015, Su Luo was arrested by officers from the Criminal Investigations Section of Canada Border Services Agency, (hereinafter “CBSA”). She was taken into custody at approximately 14:30 by officers Teran and Foster. Officer Foster placed her under arrest, put her in handcuffs and put her into the back of a vehicle. They had approached her unannounced at her community mailbox as...

  • C.A.M. v. J.C., 2019 PESC 17

    [1]  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

    [1]  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

    [1]  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

    [1]        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

    [1]        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...

  • Taha v. Henry, 2019 PESC 11

    [1]        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

    [1]  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

    [1]        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

    [1]        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

  • Murphy et ors. v. Stanhope Cape Estates Inc., 2019 PESC 8

    [1]        The Defendant seeks an order discharging a Certificate of Pending Litigation (“CPL”) which was placed on certain parcels of land in the Stanhope Cape Estates subdivision. The CPL was obtained by the Plaintiffs on an ex parte motion on the same day, February 8, 2018, that they commenced the main proceeding by way of Statement of Claim.  The Defendant filed its Notice of Motion, seeking...

  • Birt v. Birt and Clow, 2019 PESC 7

    [1]        The defendants’ motion seeks an order discharging a certificate of pending litigation (CPL) which was issued by this court on June 27, 2018.  The order was in respect of 185 Pleasant Grove Road in Grand Tracadie, Prince Edward Island, which had been the residence of the defendant, Ruth Birt, until November 1, 2017.

  • R. v. M.L., 2019 PESC 6

    [1]       The female accused (“ML” or “accused”) is charged with sexual related offences against her daughter (“SP” or “complainant”), namely sexual interference contrary to s. 151 of the Criminal Code of Canada (the “Code”) and sexual assault contrary to s. 271(1)(a) of the Code.  The offences arise from a singular incident, alleged to have occurred between June 1 and September 30, 2000.  The...

  • Taha v. Williams, 2019 PESC 4

    [1]       The plaintiff (the "plaintiff" or “Mr. Taha”) has initiated a number of actions in this court, including a previous action against the named defendant herein.  The defendant is the solicitor for the National Bank of Canada ("National Bank"), involving litigation between the plaintiff and the National Bank, namely, National Bank v. Taha (S1-GS-27666) and Taha v....

  • Li v. Macnutt and Dumont and Walters, 2019 PESC 5

    [1]       This case is a result of a solicitor-client relationship which went bad.  The plaintiff, Ms. Li, had previously been employed by 4150775 Canada Inc. (carrying on business as “By The Water Shellfish Inc.”), from July 2011 until February/March of 2012. Ms. Li claims she is owed unpaid salary and commission from that employer in the amount of $9,537.13. 

  • Acadian Marine v. Highfield Construction and Parks Canada, 2019 PESC 3

    [1]       This motion is brought by Parks Canada Agency (hereinafter “Parks Canada”) who request that the Plaintiff’s Amended Statement of Claim be stuck pursuant to Rule 21.01(1)(b) of the Rules of Civil Procedure for failing to raise a reasonable cause of action.

  • R. v. Jennings, 2019 PESC 2

    [1]       What is a fit and appropriate sentence for Katelyn Anne Jennings, a relatively young woman, who has been convicted of two counts of assault with a weapon, involving her intimate partner? That is the question before the court.

  • Olumide v PEI Human Rights Commission, 2019 PESC 1

    [1]        This matter was referred to the court pursuant to Civil Procedure Rule 2.1: General Powers to Stay or Dismiss if Vexatious, Etc.  The Rule states as follows:

  • Ayangma v. PEI HRC and ELSB, 2018 PESC 52

    [1]       On October 18, 2013, Noel Ayangma, the applicant (hereinafter “Ayangma”) filed a complaint with the Prince Edward Island Human Rights Commission (hereinafter “HRC”) alleging discrimination based on “his race, colour, ethnic and national origin contrary to section 6 of the PEI Human Rights Act” and having laid a complaint or given evidence/assistance under the...

  • C.A.M. v. J.C., 2018 PESC 49

    [1]       The parties married in 1996 and separated in 2013.  They are the parents of three children: two sons (“PC” and “CC”), ages 18 and 10 respectively, and one daughter (“JC”), age 16 (collectively referred to herein as the “Children”).  The oldest child completed high school in 2018 with the intention of commencing university in the fall, and living in...

  • Mallett v. Richard et. al., 2018 PESC 50
  • W.D. Potato Limited v. Visser Potato Ltd., 2018 PESC 51

    [1]       This matter arises from a trial that was conducted by Justice Benjamin Taylor on December 1, 2, 3, and 4 of 2015, February 27, 28, March 1 and 2, 2017. The matter was then taken under advisement by Justice Taylor. Upon Justice Taylor’s retirement, the parties were advised by the court that they had the option to have the matter reheard or to have another judge...

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