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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Moore v. Watson

Court

Nova Scotia Court of Appeal

The appeal was dismissed because the fresh evidence failed to meet the established test and lacked demonstrated relevancy; appellate review cannot re‑weigh the evidence and must defer to the trial judge's parenting findings; the trial judge applied correct legal principles to the unjust enrichment claim; the appellant did not meet the onerous burden to show a reasonable apprehension of bias; the reasons provided were sufficient for appellate review; costs were awarded to the respondent.

Source excerpt

• Parenting plans
• Reasonable apprehension of bias
• Fresh evidence test
• Standard of appellate review
• Costs
• Deference to trial judge

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Buteau v. Maritime Permanent Roofing Ltd

Court

Nova Scotia Court of Appeal

The Court held the motion judge did not misapply legal principles nor commit a reviewable error in adding 3312739 Nova Scotia Limited as a third party; the appellants failed to meet the onerous burden to establish reasonable apprehension of bias; and the award of costs to the successful respondents was not manifestly unjust, therefore leave to appeal was granted but the appeal was dismissed and costs were fixed at $1,500 payable in the cause.

Source excerpt

• Motion to add third party
• Reasonable apprehension of bias
• Discretionary standard of review
• Costs payable in the cause

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Evans v. Larocque

Court

Nova Scotia Court of Appeal

The appeal is dismissed because the trial judge did not demonstrate a reasonable apprehension of bias, did not materially misapprehend the evidence, and provided sufficient reasons (read as a whole) demonstrating she considered the child’s best interests and the relevant s.18(6) factors; the fresh evidence of acquittal was irrelevant to the parenting determination and is not admitted.

Source excerpt

• Best interests of the child
• Parenting order
• Fresh evidence
• Misapprehension of evidence
• Reasonable apprehension of bias
• S.18(6) parenting and support act

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R. v. Millard

Court

Court of Appeal for Ontario

The court held that the mere presence of a judge on a panel who previously ruled against the appellant does not, by itself, create a reasonable apprehension of bias; because this was the appellant's first appearance on the appeal, the court granted an adjournment to allow preparation of written materials.

Source excerpt

• Reasonable apprehension of bias
• Adjournment
• Self-representation

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White v. Bradley

Court

Nova Scotia Court of Appeal

The appeal is dismissed because the trial judge’s factual findings (residence timing, graduation and employment status, and income imputation) were supported by the record and not palpably and overridingly erroneous, the appellant failed to adduce evidentiary basis for claimed repayments, medical expense orders or lost wage costs, and the appellant did not establish judicial bias; costs of $2,000 awarded to respondent.

Source excerpt

• Variation of child support
• Retroactive child support
• Prospective child support
• Imputation of income
• Medical expenses
• Post-secondary education expenses

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T.O. v. M.L.

Court

Newfoundland and Labrador Court of Appeal

The Court dismissed the appeal because the trial judge applied the correct legal test (best interests under the CLA and governing relocation principles), made supported factual findings that the parties had transitioned to a stable week‑about shared parenting arrangement (mother was no longer the primary parent), and reasonably concluded that the proposed relocation risks to the child’s relationships and routine outweighed the benefits; there was no material error, misapprehension of evidence, bias, or procedural unfairness warranting appellate intervention.

Source excerpt

• Relocation applications
• Best interests of the child
• Parenting time/shared custody
• Admissibility of opinion evidence
• Case management

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Bank of Montreal v. Lew

Court

Supreme Court of British Columbia

Appeal from a foreclosure vacant-possession order dismissed. The court found no clear error or bias, rejected NESARA/GESARA submissions, and awarded special costs.

• Vacant possession
• Order nisi of foreclosure
• Conduct of sale
• Stay of execution
• Special costs
• Apprehension of bias

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Tétreault v. Boisbriand (City)

Court

Federal Court

The Federal Court dismissed a Rule 51 appeal from an order striking a copyright claim, finding no reviewable error, no bias, and no basis to extend time.

• Motion to strike
• Amendment of statement of claim
• Reasonable apprehension of bias
• Extension of time
• Standard of review
• Abuse of process

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Cimolai v. British Columbia (Medical Services Commission)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Dr. Cimolai’s application to vary a chambers order refusing leave to appeal, holding the statutory appeal period could not be extended and bias was not established.

• Limitation periods
• Leave to appeal
• Inherent jurisdiction
• Reasonable apprehension of bias
• Medicare protection act s.43
• Appeal-period

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