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The court dismissed Reza Moazami’s renewed application for an extension of time to seek leave to appeal, finding no changed circumstances or new material.
La Cour d’appel de la Colombie-Britannique rejette quatre appels liés à une action familiale, confirmant la radiation d’un consent order obtenu sur divulgation trompeuse et les ordonnances de jonction.
The Court dismissed the motion to admit fresh evidence as those matters were post-judgment or already addressed by ordered therapy and would not have changed the trial outcome; it affirmed the parenting order awarding alternating weekly time-sharing and final decision-making responsibility to the father because the trial judge properly assessed credibility and the best interests of the children; it upheld the trial judge’s acceptance of the father’s 2018 income at $93,341 based on the accountant’s evidence and declined to include additional corporate pre-tax earnings, and remitted the discret…
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B.C. Court of Appeal allowed an appeal in a motor vehicle negligence case, finding the trial judge misapprehended key evidence about a coughing episode and loss of consciousness.
Appeal in a child support case. The court set aside 2019 support orders based on outdated income evidence and remitted the matter for review.
Appeal allowed in a first-degree murder case after the trial judge erred on fabrication instructions and other evidentiary matters.
The appeal was allowed because the Registrar erred in law and committed palpable and overriding factual error by excluding CPP disability benefits, wage loss replacement payments and severance/retiring allowance from s.68 total income without evidentiary basis tying them to compensatory damages or other statutory exclusions; absent such evidence these payments are exigible under s.68 and the Registrar's decision was set aside.
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Appeal dismissed in a parenting and custody dispute. The Court held the trial judge made no palpable or overriding error and did not misapply the Divorce Act.
Appeal dismissed from an interim shared parenting order. The court held the master was not clearly wrong in weighing family violence, alcohol concerns, and the children's best interests.
Leave to appeal from summary convictions for assault was dismissed. The Court found no question of law alone, and no material error in the photo-pack or identification analysis.
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