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The court found Angela Davidson guilty of seven counts of criminal contempt for breaching an injunction and release orders linked to Fairy Creek protests.
The Federal Court of Appeal dismissed the judicial review, finding the Tribunal's key factual and credibility findings were entitled to deference and were not tainted by the legal questions raised; the Court declined to decide the broader legal issues and emphasized the Tribunal exceeded its need to decide the case by extensive legal analysis, contrary to the expedition requirement.
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The Tribunal found the 2006 contribution did not meet the Year's Basic Exemption and was not challenged within the four-year limitation under s.97(1), so it could not be treated as valid or imputed; therefore the Appellant's MQP is December 31, 2007 (prorated to April 30, 2008). On the merits, considering the Appellant's longstanding osteogenesis imperfecta, frequent fractures, chronic pain, unpredictable absenteeism, and the benevolent nature of his employment, the Appellant was incapable regularly of pursuing any substantially gainful occupation and his disability was prolonged as of Septem…
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The Court of Appeal dismissed an appeal seeking to compel a strata corporation to enforce its bylaws against a long-standing, minor use of limited common property.
Given deficient, unreliable and incomplete records, credible findings of unreported sales and lack of credible alternative explanations (notably rejected gambling testimony), the Tax Court judge did not commit palpable and overriding error in upholding net worth reassessments and confirming reassessments and penalties where supported by evidence and law; consequently the appeals are dismissed.
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The court convicted Brian Lynn Morrison of firearm possession offences after finding he occupied the bedroom, handled the shotgun, had the key, and exercised control over it.
Judge accepted the accused's version that he intentionally touched the complainant in an attempted reconciliation but rejected the complainant's allegations of hair-pulling and throwing to the ground; the touching was intentional yet innocuous, lacked potential to cause serious bodily harm, and the complainant's testimony had credibility problems, therefore the de minimis doctrine applied and the accused was not guilty of assault.
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The appeal is dismissed because the March 29, 2000 meeting complied with the spirit and purpose of the Planning Act and any procedural shortcomings were de minimis; additionally, the appellants cannot raise new factual arguments on appeal without the evidentiary foundation that should have been placed before the trial judge.
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The Court held that the Crown proved all elements of s.202: the machines afforded a chance of winning or losing money or money's worth and accumulated credits were exchanged for the money's worth of pool table use, so the amusement device exemption in s.198(3) did not apply; prior cases were distinguishable because they lacked evidence of exchange for money's worth, and the credits here were not de minimis; accordingly convictions for s.202 were entered.
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