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Registrar Gaily allowed Mary Reynolds’ PPPA costs claim in full at $165,107.53, holding related interlocutory applications and disbursements were encompassed in the costs order.
Leave to appeal was granted on three issues because the proper identification of the actus reus for worker offences under the OHSA, the proper approach to concurrent/overlapping responsibilities, and the role of private contracts in defining assigned responsibilities raise novel and significant questions of law that affect public interest and the administration of justice; leave was denied on the due diligence/foreseeability ground because the appeal judge correctly analysed that law and no injustice flowed from the trial judge's reasoning.
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The Court of Appeal granted the Crown leave to appeal an acquittal in a Wildlife Act prosecution, holding all three proposed grounds raised questions of law alone and were arguable.
Leave to appeal is refused because the record discloses no reasonable apprehension of bias at trial or on appeal, the Charter stay application was properly dismissed, and the elements of mischief were established on the evidence.
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The judge accepted the fresh post‑disposition evidence as admissible on appeal and sufficient to rebut the presumption of correctness of the Board’s absolute discharge: the respondent had decompensated, resumed substance use, been non‑compliant and posed a significant threat to public safety; in light of s.672.54 factors a conditional discharge (identical to the prior conditional disposition save deletion of a s.672.55 treatment condition) was the least onerous and least restrictive disposition. Accordingly the absolute discharge was suspended and a conditional discharge ordered pending appea…
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The appellant did not carry on commercial activities in 2007-2008 because objective indicia (virtually no revenue, lack of businesslike operations, absence of projections or meaningful activity) demonstrated no reasonable expectation of profit; therefore he was not entitled to input tax credits for those periods. The appeals for Jan 1, 2009 to Sep 30, 2009 were quashed because the Notice of Objection had not produced a reassessment or confirmation and the 180-day precondition for appeal had not been satisfied.
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Court of Appeal affirmed a reduced non-pecuniary damages award, rejected Charter-based challenge to the rough upper limit, and upheld refusal of a structured judgment.
The Court of Appeal held that fresh evidence of the parents' post-judgment separation met the C.M. criteria and should have been admitted under s.69(6), but on the merits the separation was not decisive: the child's well-established bonding and continuity in a stable foster home (with sibling and prospective adoptive parents) made returning the child to the father contrary to the child's best interests; therefore the Crown wardship was affirmed while the costs order against the father was set aside.
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