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Tort 2023 BCSC 1324

Ballantyne v. Kruger

Damages trial from an admitted-liability collision. The court awarded compensation for mild TBI/concussion, chronic pain, PTSD, housekeeping loss, earning loss, and future care.

  • Mild traumatic brain injury
  • Post-concussion syndrome
  • Functional neurologic disorder
  • Loss of earning capacity
  • Future care costs
  • Non-pecuniary damages
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Family law 2022 BCSC 1509

Tait v. van Wollen

The court dismissed a request for a jointly retained forensic expert and broad third-party disclosure, finding the existing evidence sufficient and the requests overbroad.

  • Appointment of joint forensic expert
  • Third-party document production
  • Discovery
  • Business valuation
  • Proportionality of disclosure
  • Costs
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Criminal law 2021 NSPC 35

R. v. Mullins

On the whole of the evidence the Crown proved beyond a reasonable doubt that Mullins misappropriated funds from the Sydney Garrison Messes: the forensic accounting analysis established a significant unexplained inventory/sales shortfall, cash and unofficial receipts were found under his control without supporting documentation, and his credibility on explanations (spoilage, bookkeeping error, third‑party theft) was rejected; accordingly guilty verdict on count one and a stay on count two under Kienapple/Hammerling.

  • Theft (s.334 criminal code)
  • Fraud by deceit (s.380 criminal code)
  • Expert evidence
  • Chain of custody
  • Inventory reconciliation
  • Mens rea
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Family law 2020 BCSC 516

Zhao v. Zhou

The court varied interim child and spousal support after a forensic accounting report showed much higher historical income, imputing the respondent at $200,000.

  • Interim support variation
  • Income imputation
  • Forensic accounting report
  • Disclosure
  • Imputation order
  • Interim-support-variation
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Criminal law 2011 NSPC 26

R. v. Lee

On the totality of the forensic audit, documentary records, witness evidence about Ms. Lee's duties and opportunity, her signatures/initials on deposit slips and Provider Payment Summaries, inconsistent testimony, and inculpatory admissions in her police interview, the only rational inference beyond a reasonable doubt is that Sherri Dawn Lee intentionally stole $66,939.58 from Embrace Spa and committed the related frauds by misapplying Blue Cross payments and by back-dating on-accounts; convictions entered on Count 1 (theft), Count 3 (fraud under $5000) and on Count 2 the included offence of…

  • Theft over $5000
  • Fraud under $5000
  • Back-dating
  • Misapplication of insurer payments
  • Similar fact evidence
  • Circumstantial evidence
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Criminal law 2006 BCSC 972

R. v. Bob

The court dismissed fraud and theft charges against Elain T. Bob, finding the Crown had not proven beyond a reasonable doubt that she was responsible for the missing funds.

  • Fraudulent means
  • Intent to defraud
  • Theft
  • Internal controls
  • Expert evidence
  • Forensic investigation
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Tort 2005 BCSC 1752

Royal Canadian Legion, Branch No. 15 v. Burkitt

The court found that a former Legion bookkeeper wrongfully converted funds by altering payroll cheques and issuing unauthorized cheques, and awarded damages plus bank charges.

  • Conversion
  • Breach of trust
  • Damages
  • Punitive damages
  • Costs
  • Credibility and evidence
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Civil procedure 2005 BCSC 1700

Encorp Pacific (Canada) v. Rocky Mountain Return Centre Ltd. et al

The court set aside an interlocutory Mareva injunction after finding no material non-disclosure, but holding the balance of convenience no longer justified freezing assets.

  • Mareva injunction
  • Full and frank disclosure
  • Balance of convenience
  • Asset preservation
  • Prima facie case
  • Mareva-injunction
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Professional negligence 2005 BCSC 1880

Newton v. Newton et al

Application by an accountant to strike allegations about matrimonial settlement advice was dismissed; the court found a triable issue on the applicable standard of care.

  • Duty of care
  • Standard of care
  • Strike pleadings
  • Summary dismissal
  • Professional standards
  • Confidentiality
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Contract law 2002 BCSC 1255

Corner Stone Holdings Ltd. v. Savage

The court found the contractor overbilled on a cost-plus home project, awarded the owners recovery for overpayment and limited deficiency costs, and held him not liable for the failed copper roof.

  • Cost-plus contract
  • Breach of contract
  • Breach of trust
  • Defective workmanship
  • Warranty
  • Liability for subcontractors
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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.