Canada Case Law

Cook v. Massey

Court

British Columbia Court of Appeal

The trial judge's contextual interpretation of the easement — reading 'all related purposes' in light of the circumstances at the time it was granted — reasonably allowed stopping, loading, unloading and limited short-term parking (five minutes or less) and exceptional longer parking during construction; the appellate court found no palpable and overriding error in that interpretation, in the trespass factual findings or in the nuisance and encroachment awards, and therefore dismissed the appeal.

Source excerpt

• Easement interpretation
• Trespass
• Private nuisance
• Damages
• Standard of review
• Factual findings

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R. v. Doe

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Fred Doe’s appeal from conviction, finding the trial judge gave adequate assistance to a self-represented accused and sufficient reasons on party liability.

• Self-representation
• Party liability (s.21 criminal code)
• Identification evidence
• Reasons for judgment
• Aggravated assault
• Firearms/imitation firearm offences

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Dhaliwal v. Stang

Court

British Columbia Court of Appeal

Court of Appeal upheld liability appeal dismissal, but allowed the cross-appeal in part after finding a palpable error in the divisibility analysis of MVA and workplace injuries.

• Divisibility of injury
• Intervening event
• Loss of earning capacity
• Past and future damages
• Special damages
• Expert evidence misapprehension

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R. v. A.P.L.

Court

Nova Scotia Court of Appeal

Taking a functional and contextual approach, the trial judge’s reasons were legally and factually sufficient because he found the covert recording to be tantamount to an admission and the Facebook exchange to be authentic, conclusions that rendered the complainant’s inconsistencies peripheral and did not raise a reasonable doubt; accordingly the appeal is dismissed.

Source excerpt

• Sufficiency of reasons
• Credibility findings
• Admissions
• Digital communications evidence
• Publication restriction

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Mechalchuk v. Galaxy Motors (1990) Ltd.

Court

British Columbia Court of Appeal

Appeal from dismissal of a wrongful dismissal claim was dismissed. The Court upheld findings that false expense receipts and dishonesty by a senior executive amounted to just cause.

• Just cause for dismissal
• Dishonesty and expense claims
• Credibility assessment
• Fresh evidence on appeal
• Costs under fast track rules
• Wrongful-dismissal

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R. v. Pi

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Pee Lee Pi’s appeal from his second degree murder conviction, holding there was no material misapprehension of evidence and the correct mens rea test was applied.

• Second degree murder
• Mens rea
• Intoxication defence
• Misapprehension of evidence
• Expert testimony evaluation
• Standard of review

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McCliggot v. Elliott

Court

British Columbia Court of Appeal

British Columbia Court of Appeal reduced a jury’s non-pecuniary damages award in a motor vehicle injury case, but upheld the remaining damage awards.

• Non-pecuniary damages
• Comparative approach to jury awards
• Jury charge and misdirection
• Standard of review
• Past loss of income
• Cost of future care

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R. v. Field

Court

British Columbia Court of Appeal

The Court of Appeal dismissed John Field’s appeal from convictions for attempted robbery and sexual assault, finding no material misapprehension of evidence or legal error.

• Mens rea
• Actus reus
• Misapprehension of evidence
• Objective test for sexual assault (chase)
• Standard of review: correctness
• Publication ban

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R. v. Kishayinew

Court

Supreme Court of Canada

The Supreme Court of Canada restored a sexual assault conviction, holding the circumstantial evidence supported the only reasonable inference that the complainant did not consent.

• Unreasonable verdict
• Capacity to consent
• Assessment of credibility
• Circumstantial evidence
• Sexual-assault
• Consent

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R. v. Coffey

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from cannabis production and trafficking convictions, holding the trial judge reasonably rejected innocent explanations on the circumstantial record.

• Possession for purpose of trafficking
• Production of cannabis
• Circumstantial evidence
• Knowledge element
• Reasonable doubt
• W.(d.) directions

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