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Criminal law 2025 BCSC 1043

Further Detention of Things Seized (Re)

The court granted a further detention order for seized firearms-related items until June 30, 2025, finding the investigation complex and the balance of justice in favour of detention.

  • Further detention of seized property
  • Section 490(3) and 490(9.1) criminal code
  • Complexity of investigation
  • Interests of justice balancing
  • Return of seized items
  • Seized-property-detention
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Criminal law 2024 NSPC 3

R. v. Turner

Because the Crown did not disprove an element of the s.35 defence beyond a reasonable doubt, and on the evidence the accused was in peaceable possession, reasonably believed the complainant was about to steal his property, acted to prevent the taking, and used only a minimal, reasonable tap, the defence of property applied and the Crown failed to prove assault beyond a reasonable doubt; accused acquitted.

  • Assault
  • Defence of property
  • Credibility assessment
  • Air of reality test
  • Standard of proof
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Family law 2022 BCSC 2254

McMillan v. McMillan

Application to sell the Richmond family property was dismissed. The court varied interim spousal support on a without-prejudice basis and made several procedural orders.

  • Order for sale of property
  • Spousal support variation
  • Shared parenting
  • Section 7 expenses
  • Marriage agreement enforceability
  • Status quo in interim orders
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Family law 2013 BCSC 2054

Ferry v. Legebokoff

The court held the respondent was estopped from relying on s. 1(1) of the Family Relations Act and ordered interim spousal support and housing-cost sharing.

  • Limitation period under family relations act s.1(1)
  • Estoppel by representation
  • Summary determination
  • Interim spousal support
  • Apportionment of mortgage and utilities
  • Estoppel
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Family law 2009 BCSC 1483

Steele v. Steele

The court granted interim spousal support to Elaine Steele, finding enough evidence to treat the relationship as ongoing for limitation purposes and to support estoppel.

  • Marriage-like relationship
  • Limitation period
  • Estoppel
  • Interim relief
  • Spousal support advisory guidelines
  • Spousal-support
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Administrative law 2009 BCSC 240

Arkinstall v. City of Surrey

On supplemental reasons, the court held that a safety officer had reasonable and lawful grounds to seek entry to the petitioners’ residence under the Safety Standards Act.

  • Judicial review
  • Reasonable and lawful grounds for entry
  • Entry onto private property
  • Safety standards act interpretation
  • Declarations
  • Judicial-review
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Municipal law 2008 BCCA 478

Capital Regional District v. Kuo

The Court of Appeal dismissed as moot an appeal about whether s. 49(10) of the Community Charter permits conditional destruction orders for dangerous dogs.

  • Dangerous dog legislation
  • Section 49(10) community charter
  • Conditional destruction order
  • Jurisdiction of provincial court
  • Mootness doctrine
  • Mootness
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Labour law 2007 BCSC 2020

Canadian Pacific Rail Company v. Teamsters Canada Rail Conference

A British Columbia court expanded an injunction in a rail labour dispute to cover all Schedule A facilities, but declined to restrain train trackage for lack of necessity.

  • Picketing
  • Obstruction of access and egress
  • Scope and necessity of injunction
  • Attribution of individual acts to union
  • Balance of convenience
  • Injunctions
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Civil law 2005 BCCA 286

Carrier Lumber Ltd. v. Prince George Truckers Assn.

Leave to appeal was dismissed in an injunction dispute arising from a protest and alleged blockade at a lumber mill, because there was sufficient evidence of obstruction.

  • Interim injunction
  • Leave to appeal
  • Blockade
  • Access to private property
  • Sufficiency of evidence
  • Judicial discretion
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Civil procedure 2004 BCSC 1282

Martel v. Attorney General of Canada et al.

La Cour suprême de la Colombie-Britannique rejette l’appel d’un ordonnance ministérielle autorisant une inspection visuelle supplémentaire de la résidence du demandeur par un ingénieur des défendeurs.

  • Inspection orders
  • Rule 30(4) rules of court
  • Standard of review for master's orders
  • Discretion of master
  • Expert evidence
  • Damages assessment
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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.