Canada Case Law

R. v. Gresty

Court

Supreme Court of British Columbia

The appeal is dismissed because the trial judge properly applied the W.D. credibility framework and his findings—that the appellant intentionally applied force by raising his elbow causing the complainant to be propelled backwards—are supported by the evidence (including the accused's own testimony); there was no reasonable apprehension of bias, no improper reliance on unadvanced theories, no prejudicial disclosure failure, and no ineffective assistance that caused a miscarriage of justice.

Source excerpt

• Assault
• Reasonable apprehension of bias
• W.d. credibility analysis
• Disclosure obligations
• Ineffective assistance of counsel
• Restitution

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Liu v. Ni

Court

Supreme Court of British Columbia

Plaintiffs failed to meet the balance of probabilities on all major claims due to unreliable or missing documentary evidence, credibility findings (plaintiffs found deceptive regarding Chinese estate division), inadequate pleadings and disclosure, and procedural defects; the court refused recognition/enforcement in Canada of the RMB 27,800,000 Chinese civil judgment because of a reasonably based concern as to China’s judicial independence; accordingly the plaintiffs' claims (family compensation, debt claims, unjust enrichment, conversion, fraudulent misrepresentation) are dismissed. The court…

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• Enforcement of foreign arbitration and court awards
• Authenticity of financial instruments
• Judicial notice and judicial independence
• Burden and standard of proof
• Fraudulent conveyance
• Family compensation damages

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Sen v. Panwar

Court

Supreme Court of British Columbia

The Court held that the spousal relationship commenced on May 7, 2017 (civil marriage) and separation occurred March 2, 2024 (service of Second NOFC after a reconciliation period). From the $87,708.86 net sale proceeds of the townhouse allowable family debts totaling $63,299.59 were deducted leaving $24,409.27 to be split equally ($12,204.64 each). Claims for unequal division were dismissed. Jewellery gifted to the Respondent is excluded property but appreciated value claims were dismissed for lack of reliable evidence and unclear possession; Indian bank account was excluded property; the Ban…

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• Division of family property
• Family debt
• Excluded property (gifts)
• Date of separation and commencement of spousal relationship
• Undeclared assets and disclosure
• Jurisdiction over foreign assets

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Riou v. Marshall

Court

Supreme Court of British Columbia

The court found the parties were spouses in a marriage-like relationship from November 19, 2015 to March 15, 2021, and ordered support and unequal property division.

• Marriage-like relationship
• Separation date
• Valuation date
• Excluded property
• Significant unfairness under s.95
• Spousal support compensatory and non-compensatory

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R. v. N.P.

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge properly applied the W.(D.) framework, made reasoned credibility findings rejecting key aspects of the appellant's and A.J.'s evidence, accepted the complainant and V.P. as credible on core matters, and any alleged misapprehensions or minor inconsistencies were not material or sufficient to render the verdict unsafe.

Source excerpt

• Sexual interference
• Sexual assault
• Assault with a weapon
• W.(d.) analysis
• Credibility findings
• Recantation

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Real Organics & Natural House Ltd. v. Canadian Phytopharmaceuticals Corporation

Court

Supreme Court of British Columbia

Post-trial costs reasons in a contract case. The court held each side should bear its own costs after finding the plaintiffs should have accepted settlement offers and no uplift or special costs were warranted.

• Breach of contract
• Duty of honest performance
• Fraud and deceit
• Conspiracy
• Offers to settle
• Fast track costs

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R. v. Leary

Court

Supreme Court of British Columbia

The court convicted Gord James Leary of sexual assault and assault by choking or strangling, accepting the complainant’s evidence and rejecting the consent defence.

• Consent
• Honest but mistaken belief in communicated consent
• Burden of proof beyond reasonable doubt
• Credibility assessment
• Publication ban
• Sexual-assault

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Feser v. Candelora

Court

Supreme Court of Nova Scotia

Divorce granted; the interim imputation of income at $224,000 will be maintained only for the period August 1, 2019 to January 1, 2020; for 2020 and 2021 the Court uses Feser’s reported tax incomes ($34,125 and $24,200 respectively) for table child support; for 2022, 2023 and 2024 the Court imputes annual income of $36,000 based on findings that his reported earnings in those years were unreasonably low; retroactive child support claim prior to August 1, 2019 is dismissed; overpayments will be credited against ongoing support; annual income disclosure required by June 1 each year.

Source excerpt

• Imputation of income
• Child support calculation
• Retroactive support
• Effect of bankruptcy on support obligations
• Interim versus final orders
• Credibility assessment

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Manhas v. Manhas

Court

British Columbia Court of Appeal

Appeal from a family law property and support order dismissed. The Court upheld credibility findings, family-property findings, and the denial of spousal support.

• Division of family property
• Ownership dispute (family vs parental ownership)
• Characterization of contributions (loan vs gift)
• Spousal support entitlement
• Child support arrears
• Credibility findings and document disclosure

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R. v. B.H.

Court

Supreme Court of Nova Scotia

The trial judge materially misapprehended the complainant's testimony about explicit words spoken by the accused and failed to give that evidence proper effect; that misapprehension played an essential part in his credibility findings and the resulting acquittal on s.286.1, warranting allowance of the Crown appeal and ordering a new trial.

Source excerpt

• S.286.1 criminal code
• Misapprehension of evidence
• Credibility assessment
• Elements of sexual exploitation offence
• New trial on appeal

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