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Canada Case Law

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Family law 2021 BCCA 320

Kaur v. Singh

The Court of Appeal allowed an annulment appeal, holding that a sincere religious belief requiring a Sikh Gurdwara ceremony before consummation could amount to psychological incapacity.

  • Non-consummation
  • Psychological incapacity
  • Religious and cultural considerations
  • Nullity of marriage
  • Psychological-incapacity
  • Nullity-of-marriage
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Police powers 2019 SCC 45

Fleming v. Ontario

La Cour suprême tient qu’il n’existe pas de pouvoir de common law permettant d’arrêter une personne qui agit légalement pour prévenir une brèche appréhendée de la paix par autrui.

  • Ancillary powers doctrine
  • Breach of the peace
  • Preventative arrest
  • Unlawful arrest
  • Battery
  • Excessive force
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Criminal law 2014 NSSC 262

R. v. MacInnis

The court held that a common law power exists to arrest to prevent an apprehended breach of the peace; that the trial judge correctly applied the law and reasonably concluded the officers had objective reasonable grounds based on the accused’s extreme intoxication and their past dealings to believe an imminent and substantial risk existed; consequently the arrest was lawful and the subsequent spitting constituted assault; the appeal against convictions is dismissed.

  • Apprehended breach of the peace
  • Ancillary power doctrine
  • Reasonable grounds for arrest
  • Assault on a peace officer
  • Standard of review
  • Summary conviction appeal
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Family law 2005 BCSC 1290

P. (S.E.) v. P. (D.D.)

The Supreme Court of British Columbia held that adultery under the Divorce Act can include same-sex sexual conduct, and granted the petitioner a divorce.

  • Adultery definition
  • Same-sex marriage
  • Divorce act interpretation
  • Civil marriage act
  • Charter values
  • Adultery-definition
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Maritime law [1946] SCR 584

Municipality of Queen's County v. Cooper

The Supreme Court restored a trial judgment awarding the accreted extension of Thatch Island to the island owner and rejected the respondent's adverse possession claim.

  • Accretion
  • Riparian rights
  • Adverse possession
  • Trespass
  • Injunction
  • Title to accreted land
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Criminal law (1917) 56 SCR 22

Brousseau v. The King

The Supreme Court of Canada held that demanding money to secure municipal contracts could amount to counselling an offence under Criminal Code s. 69 and bribery-related conduct under s. 161.

  • Counselling to commit offence
  • Bribery and municipal corruption
  • Interpretation of criminal code s.69
  • Application of criminal code s.161
  • Retention of english criminal common law in canada
  • Criminal-law
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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.