Canada Case Law

N. G. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

General Division erred in law by holding that knowledge and consent can be acquired after fraudulent acts; however, on the evidence (access provided, suspicious deposit patterns, failure to investigate or report, inconsistent testimony) the Claimant had knowledge of or consented to the ex‑boyfriend's fraud or was willfully blind to it, so the Appeal is dismissed.

Source excerpt

• Employment insurance overpayment
• Identity theft allegations
• Knowledge and consent
• Willful blindness
• Penalty and serious violation
• Standard of review on appeal

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R. v. Chualna

Court

British Columbia Court of Appeal

The Court of Appeal held the circumstantial evidence did not prove joint possession of a stolen van and firearms beyond a reasonable doubt, and set aside the convictions.

• Joint possession
• Knowledge and consent
• Reasonable doubt
• Occupant liability s.94(1)
• Definition of possession s.4(3)(b)
• Kienapple stay

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Fuller v. R.

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed Fuller’s appeal, affirming findings of possession of narcotics and remitting the trafficking issue for trial.

• Possession
• Trafficking
• Unlawful possession
• Knowledge and consent
• Sufficiency of evidence
• Criminal-law

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