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Court fixed expropriation compensation at $39,541,237.50, rejected a $450,000 deduction for Mainland’s leasehold, and awarded costs to S&R.
The pith and substance of s.3.1 of the Fertilizers Act is a prohibition of fertilizers and supplements that present a risk of harm to human, animal or plant health or the environment; that subject matter falls within Parliament’s concurrent power over agriculture (s.95) and the impugned Regulations (s.2.1) and Memorandum are lawful because they provide an intelligible standard, do not constitute an illegal subdelegation or disguised regulation, and are not overbroad under Charter s.7; accordingly the Federal Court’s dismissal of judicial review was correct and the appeal is dismissed.
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A British Columbia Court of Appeal case dismissed a judicial review appeal concerning delay, good-faith termination of a tenancy, and permit issues under Westbank First Nation law.
The Court of Appeal held the Province owed no private duty of care, upheld broad Water Act s. 21 liability, and remitted contributory negligence and related issues.
Mandatory injunction refused in a floodplain nuisance dispute where the plaintiff sought permanent stream works to protect his property from future freshet flooding.
The Federal Court partly granted a motion to strike an intervener’s materials that exceeded the scope of leave, including four guidance documents, footnotes, and several argument paragraphs.
Court of Appeal held distress damage feasant could not be raised on appeal because it was not pleaded and facts were inadequately developed; trial judge erred by failing to explain basis and calculation for $100,000 lost income award and a new trial on lost income is ordered; trial judge erred in crediting $3,090 rent arrears against seized chattels because the landlord had terminated the lease making the distraint unlawful; trial judge correctly held Glass liable under the separate oral agreement to complete Site Plan obligations and refusal to credit non-deposit municipal payments was corre…
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Crown appeal from a s. 11(b) stay was allowed. The court held the six-month gap after a Crown stay of a private prosecution did not count toward delay.
The court dismissed a certification application in a nuisance class action over composting odours, finding the proposed class lacked commonality and preferability.
Interlocutory disclosure ruling in a municipal bylaw enforcement case. The court ordered targeted production of redacted SR&ED tax information and plant-and-equipment records.
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