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Evidence 2024 BCSC 2060

Malii v. British Columbia

The Province sought declarations about waiver of litigation privilege and the implied undertaking for expert reports and other litigation materials, but the court adjourned the application generally.

  • Litigation privilege waiver
  • Implied undertaking of confidentiality
  • Disclosure to non-parties
  • Expert reports
  • Declaratory relief
  • Use of discovery materials
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Family law 2013 BCSC 2038

J.R.E. v. 07-----8 B.C. Ltd.

The court declined to extend a protection order because family violence was not established, but granted the claimant exclusive occupancy of the family residence.

  • Family law act ss.90,182-185,184
  • Exclusive occupancy
  • Protection order
  • Definition of family violence
  • Weight of subjective risk perception
  • Assessment of psychiatric evidence
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Family law 2009 BCSC 1640

Usova v. Harrison

The court dismissed a mother's request for a restraining order and granted the father unsupervised specified access to their toddler, with safety and communication conditions.

  • Restraining order
  • Specified access
  • Best interests of the child
  • Parenting courses and anger management
  • Supervision of access
  • Family-law
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Criminal law 2009 BCSC 1621

R. v. Goff

Sentencing for sexual interference and sexual assault of two young girls. The court imposed 30-month concurrent sentences and mandatory ancillary orders.

  • Sexual interference
  • Sexual assault
  • Position of trust
  • Denunciation and deterrence
  • Firearms prohibition
  • Dna sample order
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Civil procedure 2003 FCA 59

Apotex Inc. v. Bristol-Myers Squibb Co.

The appellate court will not interfere with the prothonotary's discretionary decision to exclude the appellant's directing mind from access to confidential documents where the prothonotary did not err in principle and where exclusion does not demonstrably impair the party's ability to conduct its defence; the decision to include or exclude is a discretionary balancing of risks and benefits and was properly exercised here.

  • Protective order restricting access to confidential financial documents
  • Exclusion of directing mind from access
  • Standard of review of prothonotary's discretion
  • Open justice considerations
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Criminal law 2002 BCCA 243

R. v. Swanson

The British Columbia Court of Appeal upheld a two-years-less-a-day sentence for repeated breach of probation, finding the sentence fit despite the appellant’s difficult personal circumstances.

  • Breach of probation
  • Section 810 recognizance
  • Sentencing fit
  • Repeat offender
  • Substance abuse
  • Protection of vulnerable persons
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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.