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Sentencing reasons for Gavin Leznoff on two conspiracy-to-murder counts. The court accepted a joint submission and imposed six-and-a-half years plus ancillary orders.
Moving Defendants were entitled to costs because they succeeded in striking numerous deficient pleadings; given the intertwined and voluminous nature of the pleadings, the history of the parties, and the limited utility of purely tariffed assessment, a lump sum award of $6,500 fairly balanced the need to compensate the successful defendants while not providing full indemnity; the sum is payable forthwith and applies to proceeding Pic No. 525281 with the Moving Defendants to divide among themselves.
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The judge accepted the Agreed Statement of Facts, the intercepted communications, surveillance/seizure evidence and expert opinion that the quantity, packaging, communications, conduct (stash locations, drivers, vacuum sealing, fronting) and Delong's own admissions established beyond a reasonable doubt that Delong was a grams/ounce‑level cocaine trafficker and a member of a common design with Cameron and Jacob; co‑conspirator statements were admissible and the circumstantial inferences supported convictions on all counts.
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The ADD and Schedule A as produced satisfied the Rules because the ADD was prepared in paper form and scanned to PDF (so Rule 16 electronic-information specifics did not apply), Schedule A adequately identified documents by type, sender/recipient and page numbering to allow matching, selective editing of email/text chains to remove irrelevant material is not improper absent proof of strategic exclusion, and the Plaintiff's broad request for additional production was a fishing expedition and was refused; accordingly the Plaintiff's relief was denied and costs awarded to the Defendant in the am…
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The court dismissed McKinsey’s strike application in a proposed opioid-cost recovery class action, holding the pleadings were sufficiently arguable and could proceed to trial.
Court held Respondents did not breach the APA by omitting non-assignable vendor contracts; no actionable fraudulent or negligent misrepresentation proven because the vendor rebates were disclosed in provided financial materials and NewCo failed to reasonably rely or to pursue clarifying due diligence; Respondents owe NewCo $94,300.59 (post-closing receipts) and NewCo paid $223,954.85 for pre-closing rebates which are to be addressed against the $300,000 holdback; all other claims dismissed and costs to Respondents subject to submissions.
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The court held the trial judge erred in instructing the jury that Samuel’s guilty plea proved the existence and particulars of the conspiracy and in omitting the Carter intermediate step requiring a finding of probable membership based on the appellant’s own acts/declarations before allowing co-conspirators’ acts/declarations to be used against him; those errors required setting aside the conspiracy conviction and ordering a new trial on that count, but the importing conviction was upheld under the curative proviso as the evidence directly implicating the appellant was overwhelming.
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The court struck or dismissed Steven Dong’s defamation, negligence and conspiracy claims as limitation-barred, privileged, or otherwise without merit.
The court held this 43-day post-trial costs matter was more than ordinarily difficult and awarded the defendants party-and-party costs on Scale C.
British Columbia Supreme Court judgment dismissing fraud, deceit and conspiracy claims brought by Rebecca and Ted LeRoy against TimberWest and executives.
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