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Criminal law 2019 BCSC 1353

R. v. Jerome

The court held the Crown could disclose stayed-charge materials to the s. 753.01 assessor, with a cover letter noting the allegations were not proven.

  • Remand assessment
  • Disclosure to court-appointed assessor
  • Stayed charges and use of unproven allegations
  • Weight vs admissibility of expert opinion
  • Long-term supervision order breach
  • Indeterminate sentence application
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Criminal law 2010 ONCA 240

R. v. Caldwell

The trial judge did not err in admitting or relying on the CSC reports as factual institutional history and did not misapprehend them; the updated Dr. Bradford report was properly refused as fresh evidence because it would not reasonably be expected to affect the outcome, and therefore the dangerous offender designation and indeterminate detention were upheld.

  • Dangerous offender designation
  • Long‑term offender designation
  • Fresh evidence (palmer test)
  • Risk assessment evidence
  • Admissibility of correctional services reports
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Family law 2002 NSSF 11

MCS v. S. and B.

Section 43(4) of the Children and Family Services Act limits supervision orders to no more than twelve consecutive months from the initial supervision order; applying that limit the Court concluded its CFSA jurisdiction was exhausted and terminated the CFSA proceeding. On the merits the evidence did not establish a real or substantial risk that A.B. would sexually abuse the grandchildren; expert assessment (Dr. Konopasky), supervised visits, lack of corroborated historical evidence and findings from prior hearings led the Court to terminate the restriction on A.B.'s contact while leaving cons…

  • Termination of child welfare proceeding
  • Supervised access
  • Risk assessment for sexual abuse
  • Statutory time limits for supervision orders
  • Use and weight of penile plethysmograph testing
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Contract law 2001 BCSC 89

Woytula v. Broder

Appeal from a Provincial Court award over private care fees. The court reduced the judgment, upheld the rejection of a written contract, and found no entitlement to higher charges.

  • Enforceability of written document
  • Fee dispute for private care facility
  • Notice of termination
  • Offset of payments
  • Appeal procedural limits
  • Contract-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.