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Canada Case Law

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Criminal law 2023 BCSC 865

R. v. Singh

The court dismissed Mr. Singh’s application to re-open his appeal, finding no potential miscarriage of justice and ordering that his approval of the orders was unnecessary.

  • Re-opening of appeal
  • Fresh evidence
  • Miscarriage of justice
  • Non-conforming use defence
  • Disclosure/prosecutorial misconduct
  • Finality
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Tort 2020 BCSC 86

Charlton-Miner v. Hedgecock

The court held the defendant fully liable after a motor vehicle turned across a cyclist in a dedicated bike lane at an intersection.

  • Liability
  • Duty of care
  • Contributory negligence
  • Bicycle lanes
  • Turning at intersections
  • Motor-vehicle-negligence
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Residential tenancies 2011 NSSM 54

McCrae v. Metlege

The appeal is dismissed because the tenant produced insufficient evidence of an enforceable agreement or discrimination, the landlord's position that $695 was the contracted rent is supported by MRHA documentation, and the tenant's multi-year delay in challenging the rent is barred by laches; claims about parking tickets fail because tickets were issued by police for bylaw offences and no proof ties the landlord to unlawful conduct.

  • Rent increase
  • Estoppel
  • Laches
  • Discrimination
  • Parking tickets
  • Constructive eviction
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Contract law 2010 NSSM 70

MacKay v. Forgeron Engineering Ltd.

Defendants fulfilled their contractual and professional obligations by designing the pad as instructed; they did not breach the standard of care or have a duty to advise on bylaw avoidance, therefore the claimant's refund claim fails.

  • Refund claim
  • Standard of care
  • Engineering stamp
  • Scope of retainer
  • Building code compliance
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Municipal bylaws 2008 BCSC 491

Burnaby (City) v. Chiodo

The court declared the Burnaby house non-compliant with multiple bylaws and the Building Code, rejected the non-conforming use defence, and dismissed the counterclaim.

  • Non-conforming use
  • Building permits
  • Declaration
  • Bylaw enforcement
  • Summary disposition
  • Counterclaim dismissal
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Torts 2001 BCSC 155

Cullinane v. City of Prince George et al

The court refused a Bullock/Sanderson order, holding it was not reasonable to join Northland because the bylaws did not create civil liability to the plaintiff.

  • Costs - bullock/sanderson orders
  • Contributory negligence
  • Joinder of parties
  • Municipal bylaw effect on civil liability
  • Costs-bullock-sanderson-orders
  • Municipal-bylaw-civil-liability
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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.