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The court found the motor vehicle collision materially contributed to post-concussive symptoms and aggravated pre-existing spinal disease, awarding damages to the plaintiff.
The Court of Appeal upheld a seven-year sentence for sexual interference and child pornography, rejecting challenges to an expert risk assessment and victim-age aggravation.
On the totality of the agreed facts and unanimous, credible expert psychiatric evidence the court found as a matter of law that the accused suffered from schizophrenia and was in an acute psychotic state on January 7, 2015 such that he was incapable of knowing his acts were morally wrong; the Crown discharged the balance of probabilities burden and the accused is therefore not criminally responsible under s.16(1); matter remitted to the Review Board for disposition.
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The court found the plaintiff suffered a mild traumatic brain injury and soft tissue injuries, but any cognitive effects resolved within 18 to 24 months.
A custodial sentence of 12 months is imposed because the offender committed deliberate, calculated breach of trust offences totaling significant loss, re-offended immediately after an earlier conditional sentence (necessitating specific deterrence), and the psychological mitigation was unreliable because expert opinions relied on unverified and inconsistent facts provided by the accused; a conditional sentence would not provide adequate denunciation or deterrence.
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The court dismissed a limitation-based application, holding that the insurer reasonably awaited an expert fire-causation report before time began to run.
The court dismissed the Crown’s request to direct a s. 752.1 assessor to restate risk opinions and refused a second assessment, finding the report sufficient.
The British Columbia Court of Appeal dismissed Sebastiano Damin’s appeal from a second degree murder conviction, holding the trial judge reasonably found specific intent despite depression evidence.
Costs decision under Rule 37B awarding Scale B costs to November 24, 2008, and double costs thereafter after a successful liability offer to settle.
Court accepted Minard's structured, market‑based appraisal methodology (individual auction/retail market) and applied a 75% discount for a block sale; appellants failed to prove existence of a special purchaser or to rebut the Minister's valuation; expert reports of Desroches and Fucito were found unreliable in method or unsupported; appeals dismissed.
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