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Criminal law 2018 BCSC 2541

R. v. Phagura

The court admitted three screenshots of WhatsApp text messages as evidence, finding they were authenticated, met the best-evidence rule, and were admissible as party admissions.

  • Admissibility of electronic documents
  • Authentication
  • Best evidence rule
  • Hearsay and party admissions
  • Principled approach to hearsay
  • Residual discretion to exclude prejudicial evidence
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Civil procedure 2018 BCCA 201

Lefebvre v. Durakovic

The Court of Appeal dismissed both appeals, holding that witnesses have absolute immunity for evidence given in court and that accurate republication of a subsisting judgment was not actionable.

  • Striking pleadings
  • Absolute witness immunity
  • Republication of judgment
  • Qualified privilege
  • Abuse of process standard
  • Standard of appellate review
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Family law 2017 NSSC 95

Nova Scotia (Community Services) v. Birth Registration # 2016-02-002781

The trial court will not proceed to the scheduled hearing on the constitutional questions because the Court of Appeal has granted a stay; accordingly the question of appointing an amicus curiae is deferred and will remain in abeyance pending further order of the Court of Appeal.

  • Children and family services act s.94(1) publication restrictions
  • Appointment of amicus curiae
  • Stay of proceedings pending appeal
  • In camera and ex parte proceedings
  • Constitutional challenges to statutory language
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Defamation 2011 BCSC 1843

Johnstone v. Gardiner

On a strike-out application in a defamation action, the court held the impugned book passage, read in context, was not capable of the alleged defamatory meaning.

  • Strike out application
  • Meaning of words
  • Contextual interpretation
  • Reasonable person test
  • Defamation
  • Strike-out-application
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Criminal law 2010 BCSC 1854

R. v. Ciancio

The court refused to empanel a new jury mid-trial, holding that the existing jury could continue and that publication bans and jury instructions protected fairness.

  • Empaneling new jury
  • Severance mid-trial
  • Publication ban
  • Fair trial (s.7 charter)
  • Judge-alone vs jury
  • Challenges for cause
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Criminal law 2010 BCSC 1961

R. v. Mastop

The court granted a publication ban over the subject matter of a pre-trial conference, including the Crown Synopsis, and extended it until the jury verdict.

  • Publication ban
  • Pre-trial conference
  • Inherent jurisdiction
  • Crown synopsis
  • Jury trial integrity
  • Criminal procedure rules
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Human rights 2009 CHRT 18

Abrams and the League for Human Rights of B’Nai Brith Canada v. Arthur Topham and RadicalPress.com

The CFSL was granted interested party status because it demonstrated it would add significantly to the legal positions by presenting a broader constitutional perspective and drawing on organizational experience and counsel's prior representation of similar matters; its participation was limited to cross-examination and final submissions on constitutional issues to avoid duplication.

  • Intervention
  • Interested party status
  • Cross-examination rights
  • Constitutional challenge
  • Freedom of expression
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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.