New Brunswick (Canadian Caselaw)

Proceeds of sale. Personal property. Wills act. Bank accounts

Consecutive sentences. Criminal trials for serious offences. Totality principle. Plead guilty. Administration of justice. Perjured evidence

Remedy of a mistrial. Trial decision. Test for the admissibility of fresh evidence on appeal. Police report

Variation order. Spousal support. Divorce act. Disability benefits

Land title insurers. Application dismissed. New mortgage agreement. Entire house

Concurrent jurisdiction over the question of access. Withholding of a child without the consent of the person. Habitually resident. Custody agreement. Parenting time

Strict liability offence beyond a reasonable doubt. Due diligence defence. Fishing box nets. Actus reus

New remedies against arbitral awards. Arbitration act. Action in the courts

Second sentence. Costs award. Arbitration act. Question of law

Offence of assault. Defence of the person. Bodily harm. Threat of force. Peace officer

Credibility of the evidence of a witness. Mens rea components of the offence beyond a reasonable doubt. Burden of proof. Alleged assault

Award of general damages. Property boundary. Contaminated soil. Strict liability. Waste oil. Catch basins

Interim parenting order hearing. Family law act. Affidavit evidence. Parenting time

Appropriate sentence. Criminal record. Trafficking in hard drugs in a drug importation case. Exceptional circumstances

Manslaughter sentencing. Criminal record. Convictions for firearms offences. Unlawful act

[1]     At the conclusion of this court’s decision on the trial of the common issues dated September 28, 2022, the court invited further submissions from the parties on the issue of costs of that trial. This ruling (Ruling # 10) should therefore be read in conjunction with that decision. To be clear this ruling deals with costs of this proceeding since the conclusion of the...

[1]     Après avoir rendu sa décision du 28 septembre 2022 au terme de l’instruction des questions communes, la Cour a convié les parties à présenter des observations complémentaires sur les dépens de l’instruction. Il convient, de ce fait, de lire la présente décision (décision no 10) en parallèle avec la décision antérieure. Par souci de clarté, je...

Criminal offence. Detention in custody. Release order. Presumption of innocence. Administration of justice. Degree murder

Insurance policy. Summary judgment. Value of the personal property

Care of the child. Right of access. Family support worker. Mental health issues. Parenting courses. Guardianship order

Family law act. Involvement in terms of parental care. Rights of access. Maternal grandparents

Costs in family matters. Claim for unjust enrichment. Child support. Parenting schedule. Life insurance coverage

[1]                                This is an application by the accused, Mr. Cornford, where he seeks a stay of proceedings based on an alleged violation of s. 11(b) of the Canadian Charter of Rights and Freedoms (the “Charter”), alleging that

Policy of insurance. Motor vehicle liability policy. Civil action. Damage to property. Statutory minimum