Canada Case Law

R. v. Dixon

Court

Court of Appeal for Ontario

The Court dismissed the appeal, holding that the intercepted communications, read in full, supported a finding of an agreement to traffic; the trial judge properly admitted and relied on co‑conspirator statements under Carter given evidentiary support of a conspiracy; circumstantial evidence and the parties' statements justified concluding the unseized kilogram was cocaine; and in context the trial judge permissibly inferred that seized paraphernalia and corroborating officer evidence indicated possession for the purpose of trafficking.

Source excerpt

• Conspiracy to traffic
• Trafficking
• Possession for the purpose of trafficking
• Hearsay — co‑conspirator exception
• Judicial notice
• Circumstantial evidence

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R. v. Jacquard

Court

Supreme Court of Nova Scotia

The Crown failed to prove beyond a reasonable doubt that either accused had the necessary combination of knowledge of the substance and control over it: Jacquard's receipt of the package did not prove knowledge of its contents and MacIsaac's proximity to packages in a shared duplex was insufficient to establish possession.

Source excerpt

• Possession for purpose of trafficking
• Burden of proof beyond a reasonable doubt
• Elements of possession: knowledge and control
• Agreed statement of facts (s.655 criminal code)
• Charter application withdrawn

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R. v. Ngo

Court

Supreme Court of British Columbia

The court convicted Thong Anh Ngo of producing cannabis and possession for trafficking, finding he aided a grow operation in a secured residence.

• Production of cannabis
• Possession for the purpose of trafficking
• Possession definitions
• Aiding and abetting
• Expert opinion admissibility
• Voir dire

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Bank of Montreal v. Silvera

Court

Court of Appeal for Ontario

The appeal was allowed and the application judge's order granting vacant possession and a writ of possession was set aside because the Bank failed to join the named mortgagor Rakesh Persaud and did not place before the court the documentary evidence necessary to establish entitlement to possession; the trial judge's factual finding that the appellants were occupants rather than tenants was supported by the evidence and was not disturbed.

Source excerpt

• Vacant possession
• Writ of possession
• Tenancy vs occupancy
• Mortgage priority
• Joinder of parties
• Evidentiary sufficiency

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1284342 Ontario Inc. v. KMTC-KEY Management Technology Corporation

Court

Court of Appeal for Ontario

The appeal was dismissed because the appellant could not raise entitlement to prevent redemption when that issue was not raised below; the motion judge’s factual finding that the parties agreed to settle costs for $20,000 was open on the record and must stand; claimed management fees were disallowed for lack of evidentiary support (no payments or inclusion in financial statements), and although s.8 of the Standard Charge allows claims for expenses incurred in possession, there was insufficient material to justify the claimed management fees.

Source excerpt

• Redemption of mortgage
• Management fees
• Costs agreement
• Standard charge interpretation
• Appellate review

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Bouchard c. Guibord

Court

Court of Appeal for Ontario

The trial judge correctly found the Bouchards occupied the land pursuant to the 1961 written permission rather than in an adverse manner and did not prove an intention to exclude the owner; accordingly they failed to establish fee simple by adverse possession and the appeal is dismissed.

Source excerpt

• Fee simple
• Right of passage
• Adverse possession
• License/permission

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HMTQ v. Peterson and Larson

Court

Supreme Court of British Columbia

Trial judgment on drug charges arising from a search of premises in Langford, B.C.; the court addressed possession, hearsay, and the admissibility of a key linked to a gun trigger lock.

• Possession for purpose of trafficking
• Production of cannabis
• Admissibility of hearsay
• Constructive possession
• Confessions rule
• Constructive-possession

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The Pictou Bank v. Harvey

Court

Supreme Court of Canada

Appeal over 162 hides. The Court held the consignee’s repudiation and the consignor’s assent rescinded the sale, so title had re-vested before the bank’s bill of sale.

• Delivery
• Rescission of contract
• Re-sale
• Consignment
• Bill of sale
• Rights of purchaser in execution

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