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Canada Case Law

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Criminal law 2007 BCSC 1621

R. v. Porsch

Sentencing reasons for multiple guilty pleas involving arson, firearms trafficking, robbery and assault. The court imposed a 16-year global sentence, less 40 months credit.

  • Counselling to commit arson
  • Firearms trafficking and transfer
  • Robbery
  • Assault causing bodily harm
  • Totality principle
  • Youth sentencing
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Criminal law 2006 BCSC 1124

R. v. Grabowski

The court stayed overlapping arson convictions under Kienapple, declined to declare Kenneth Grabowski a dangerous offender, and instead imposed a long-term offender sentence.

  • Kienapple principle (multiple convictions)
  • Long-term supervision
  • Dangerous offender criteria
  • Sentencing principles (ss.718-718.2)
  • Pre-trial custody credit
  • Dna production order
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Insurance law 2001 NSSC 110

Campbell v. Guardian Insurance

On the evidence, including the expert's finding of two independent incendiary fires and the testimony that the plaintiff's vehicle was observed near the scene shortly after the alarm with no explanation, the defendant met the required civil standard of clear and cogent evidence on a balance of probabilities that the plaintiff caused the fire; therefore the insurer's denial of coverage is upheld and the plaintiff is not entitled to policy proceeds.

  • Fire insurance
  • Burden of proof
  • Arson defence
  • Replacement cost endorsement
  • Incendiary fire investigation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.