Canada Case Law

S.F.M. v. Nova Scotia (Minister of Opportunities and Social Development)

Court

Supreme Court of Nova Scotia

The court found the Department conducted a reasonable search and the majority of redactions made under s.20(1) were justified given the files' child‑welfare context and third‑party privacy interests; limited disclosure was required — the recorded birthdate on page 1 and the birthdate referenced on page 1399 must be disclosed — and several specific documents were mischaracterized as privileged or exempt and must be unredacted, while other documents were properly withheld under s.16 (privilege), s.14(1) (advice) or s.4(2)(b) (public record/duplicates). The appeal is allowed in part and dismisse…

Source excerpt

• Foipop act
• Third party personal privacy
• Reasonable search
• Solicitor-client privilege
• Public record exception
• Procedural fairness

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R. v. Donovan

Court

Nova Scotia Provincial Court

The Crown failed to prove beyond a reasonable doubt that the Accused posted the intimate images to FetLife because there was no forensic or account evidence linking the Accused to the FetLife account, the photographic exhibits were blurred and non‑identifying, and the complainant's testimony contained material inconsistencies and indications of possible motive to fabricate; those deficiencies left reasonable doubt as to identity and publication by the Accused and required acquittal.

Source excerpt

• Non-consensual distribution of intimate images
• Publication ban (s.486.4)
• Credibility assessment
• Circumstantial evidence
• Police investigative obligations
• Electronic evidence reliability

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Milne v. The King

Court

Tax Court of Canada

The Tax Court dismissed Brad Milne’s CERS appeal, holding that a studio in his rented home was part of a self-contained domestic establishment and not a qualifying property.

• Canada emergency rent subsidy
• Qualifying property
• Self-contained domestic establishment
• Statutory interpretation
• Apportionment of rent
• Income-tax

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R. v. Rahi

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed a s. 11(b) appeal, holding that the COVID-19 delay deduction was appropriate and the minor double counting did not affect the result.

• Section 11(b) unreasonable delay
• Stay of proceedings
• Covid-19 delay
• Human trafficking
• Section-11b-unreasonable-delay
• Stay-of-proceedings

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Portnov v. Alexander Holburn Beaudin + Lang LLP

Court

British Columbia Court of Appeal

The applicant failed to demonstrate that Justice Edelmann committed an error of law, principle, or misconceived the facts in applying the Davies factors; given the conceded tardiness of the applicant's intention to appeal, lack of notice to respondents, neutral prejudice, and that the underlying claim had been struck as meritless, it was not in the interests of justice to extend the time to appeal, so the variation application must be dismissed.

Source excerpt

• Extension of time to appeal
• Default judgment
• Service of process
• Strike under pleading rules

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Zeppa v. Rea

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed an appeal from a s. 137.1 dismissal, holding the action failed at the substantial-merit stage and the costs award stood.

• Anti‑slapp (cja s.137.1)
• Qualified privilege
• Malice
• Costs
• Misfeasance in public office
• Champerty

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Eng v. Sit

Court

British Columbia Court of Appeal

The trial judge permissibly accepted counsel's abandonment of penalty and costs claims, and correctly interpreted the loan agreement as providing for simple, not compound, interest based on the contract language, the surrounding circumstances (including that the plaintiff drafted the agreement), and analogous authorities; issues of promissory estoppel and collateral agreement were not pleaded or developed at trial and thus were not appropriately raised on cross-appeal.

Source excerpt

• Loan agreement interpretation
• Simple versus compound interest
• Penalty clause
• Guarantee of debt
• Promissory estoppel
• Collateral agreement

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Groves v. Luedee

Court

Supreme Court of Nova Scotia

The applicant proved unjust enrichment in respect of specific monetary contributions, assumption of renovation debt and unpaid labour linked to the respondent's home, entitling him to a monetary award on a quantum meruit basis of $17,865.65; there was insufficient evidence of a shared intention, economic integration or other indicia of a joint family venture to support proprietary or value‑survived relief, so equitable proprietary remedies were denied.

Source excerpt

• Unjust enrichment
• Quantum meruit
• Value survived
• Joint family venture
• Constructive trust
• Preservation order

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R. v. I.L.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed the conviction appeal, granted leave to appeal sentence, and dismissed the sentence appeal in a criminal case involving Crown misconduct and CSAEM issues.

• Stay of proceedings
• S.7 charter breach
• S.10(b) right to counsel
• Prior inconsistent statement
• Private use exemption (csaem)
• Jury instructions

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R. v. Cox

Court

Supreme Court of Nova Scotia

The court accepted the joint recommendation as within the acceptable range under applicable authority (including R v Wisdom and R v Anthony Cook), finding that a two-year federal sentence (go-forward) with two years probation adequately balanced denunciation/deterrence and the offender's mitigating factors (youth, Indigenous background, early guilty plea) given her limited role after the homicide; ancillary orders (DNA and 10-year firearms prohibition) were appropriate and the remand credit of 59 days was factored into the agreed sentence.

Source excerpt

• Accessory after the fact to murder
• Sentencing principles
• Remand credit
• Ancillary orders (dna, firearms prohibition)
• Gladue considerations

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