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Leave to appeal is denied because the appellant failed to demonstrate the exceptional circumstances required for a second appeal, the issues raised do not have significance beyond this case, the record discloses no error of law by the SCAC Justice, and even if leave were granted the appeal would not succeed.
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The court granted an unexplained wealth order in a civil forfeiture case after finding evidence of suspected unlawful activity, low declared income, and no injustice in disclosure.
s.190(4) applies where work is to be done on or near energized parts that will be exposed in the course of the work; "exposed" in s.190 includes parts that become exposed as part of the work, so the power supply must be disconnected, locked out and tagged before work begins and while it continues; on the facts actus reus for s.190(4) was established. By contrast, for s.184(1) the Crown failed to prove the temporal convergence required that the room contained exposed energized parts while access was uncontrolled, so actus reus for s.184(1) was not made out. Proof of actual unauthorized entry i…
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The court certified a national class action over Alesse oral contraceptive pills, finding the pleadings and evidence sufficient for negligence, BPCPA, and HCCRA claims.
Because the accused made multiple (nine) bona fide attempts to provide a breath sample (a 'failure' case), the Crown was required to prove the screening device used was one of the specific models approved in the Approved Screening Devices Order; the officer referred only generically to an 'Alcosensor' and did not identify a model matching the Order, so the Crown failed to prove the device was approved beyond a reasonable doubt and the accused must be found not guilty.
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The court held Mr. Fong’s arrest was unlawful because police lacked objective grounds for obstruction, but damages were limited to physical injuries and modest Charter vindication.
The court dismissed a plaintiff’s request for precertification document production in a proposed class action over drug-related injuries, finding the request premature and overbroad.
Federal Court upheld Pharmascience’s non-infringement and overbreadth challenges to claim 1 of the '988 Patent, but rejected anticipation, obviousness, and utility attacks.
On Crown appeal, the court held that hauling crab traps in closed waters was “fishing” and that the due diligence defence was not made out.
The unanimous shareholders agreement and its amendments were bona fide and not absolutely null, but Aviva's contractual rights to acquire control (put/call) operated such that Gestion Lagarde and its operating subsidiary ceased to be Canadian-controlled during the 24 months preceding the 2006 dispositions; therefore the RJCG shares did not meet the subsection 110.6(1) requirements and the capital gains deduction under subsection 110.6(2) is unavailable.
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