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The Court of Appeal set aside the dismissal of a contract claim over psychiatric exam grading, holding the trial judge gave insufficient reasons and ordered a new trial.
On the evidence the Court was satisfied beyond a reasonable doubt that Moorhouse was wilfully blind to the existence of a real 14-year-old and that neither intoxication nor mental health issues were proven on the required standard to significantly lessen moral blameworthiness; the joint recommendation of consecutive 12-month sentences (total 24 months) was within the fit range, not grossly disproportionate to mandatory minimums, and therefore imposed with ancillary orders.
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Court apportions liability 70% to the speeding motorcyclist and 30% to the left-turning driver after a collision near Nanaimo.
Mother removed the child from jurisdiction without adequate notice or consent, failed to comply with multiple court directions to return the child, and (on balance of probabilities) actively facilitated the child’s alienation from the father; she did not meet the burden to show relocation was in the child’s best interests. The court therefore ordered the child returned to Nova Scotia, awarded primary care and decision-making to the father for a defined period, imposed supervised contact for the mother (Veith House) for at least six months with phased review conditions, suspended the routine c…
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On a summary trial application, the court held that foreign exchange savings from loan repayment were excluded from NDC. The defendants also succeeded on admissibility of the accounting report.
Summary trial in a collapsed home sale: the sellers could invoke a deposit-form termination clause, but they did not clearly elect to terminate, so they were liable in damages.
Court found a material change in circumstances (both parties remarried, respondent eligible for CPP/OAS, and respondent has not made reasonable efforts toward self-sufficiency) that diminished the respondent's compensatory entitlement; accordingly the spousal support order was varied to a nominal payment of $1.00 per month for four years (commencing Feb 24, 2023) with termination thereafter unless materially varied; effective date of change for variation is the filing date of the variation application (Aug 23, 2021); the court excluded weight of the applicant-retained expert for lack of demon…
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Appeal dismissed: trial judge correctly concluded there was no s.11(b) breach because this was a transitional case, dangerous offender proceedings and the Crown’s sudden illness were exceptional circumstances, the judge reasonably assessed mitigation and prejudice including post‑verdict attenuation of prejudice; although the trial judge erred in law by treating s.752.1 as presumptively favoring the Crown’s proposed assessor, that error caused no substantial wrong or miscarriage of justice because the designated assessor was qualified, the assessment and hearing were fair, and there is no reas…
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Liability trial from a Highway 99 passing-lane collision. The court found both drivers negligent and apportioned fault 65% to the plaintiff and 35% to the defendant.
Parking-lot negligence trial: the court found the defendant wholly liable for striking a landscaper, rejected SSD, and awarded $213,450 in damages.
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