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The trial judge did not err in his rulings on character evidence, consideration of the ketamine baggies, failure to give a corrective instruction, or the mistake of fact charge, and his factual findings supported the sentence; therefore the convictions and sentence appeal are dismissed.
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The trial judge's reasons were deficient because they relied on conclusory credibility findings without explanation and failed to address the mens rea element or the air of reality of a mistake of fact defence; for those reasons the conviction was set aside and a new trial ordered.
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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.
Payments were made by mistake of fact; Defendant was unjustly enriched and there is no juristic reason to retain funds; Defendant did not establish a material change of position (spending was not exceptional and garage was funded from savings), Limitation did not bar recovery because Plaintiff discovered the error December 20, 2019, and Defendant's negligence counterclaim failed for lack of detrimental reliance and causation; judgment for Plaintiff in the amount of $42,348.92.
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The Court held that the Crown is not required to prove the accused knew their possession was unauthorized (to do so would require proving knowledge of the law), the air of reality test was not met for a formal mistake of fact defence on the record given defence counsel's approach and the jury charge provided the defence position, and there was no basis to disturb the sentences; therefore convictions and sentence appeals dismissed.
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The General Division erred by disregarding the unambiguous answers on the application form; the claimant selected 56 weeks and explicitly chose extended parental benefits which, together with the statutory provision making elections irrevocable once parental benefits are paid, requires substituting the General Division decision with one that the claimant elected extended benefits and that election is irrevocable.
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The court granted leave to intervene because the police associations have a real and identifiable interest and can provide useful legal and contextual perspectives on issues concerning the standard of care and policy implications, provided their participation is strictly limited by terms that prohibit raising new issues, adducing new evidence, or making submissions on the merits, and by imposing page and filing limits to avoid prejudice to the parties.
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The Supreme Court of British Columbia held Balmoral’s claim for unpaid utilities and property taxes was mostly statute-barred, except for a 72-day period worth $972.21.
Dismissal: although the General Division misstated a key factual finding by saying the claimant selected extended benefits, that error did not alter the outcome because the claimant consistently testified (corroborated by spouse) she selected standard benefits and sought enforcement of that election rather than to change it; s.23(1.2) did not apply under these facts and the Commission failed to challenge the claimant's evidence.
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The court heard fraud, unjust enrichment, and fiduciary-duty claims arising from a disputed romantic and business relationship between a lawyer and a client.
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