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The Ontario Court of Appeal dismissed an appeal from a conviction for conspiracy to import cocaine, finding the appellant agreed to join the scheme and no hearsay error warranted intervention.
The Adjudicator correctly applied s.8(2)(d) by finding discoverability was delayed until late October 2023 because the claimant reasonably relied on the defendant's superior roofing expertise and ongoing remedial efforts and only when the defendant ceased communications and services and the roof deterioration became 'significant' did the claim become sufficiently serious to warrant proceedings; accordingly the action filed in April 2025 was within the two-year limitation period and the appeal fails.
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The appellants failed to establish any legal or factual error by the trial judge; her findings on liability, credibility and damages are supported by the record and her application of governing principles was correct; accordingly the appeal is dismissed and the costs award on appeal is justified.
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The Court of Appeal dismissed the appeal on contract interpretation but allowed the cross-appeal, setting aside the severance-based incentive award.
The Appeal Division held that the division générale erred in law by failing to apply binding precedent Laughland and by conflating the reg 9.001 "habitual and reasonable" job‑search requirements with the Faucher job‑search element, imposing a stricter test; applying the correct law, the claimant was not justified in voluntarily leaving employment and, on the evidence, was not available for work during her studies (first term unavailable; second term rebuttal of presumption achieved but claimant did not demonstrate desire and active search for full‑time work), therefore Commission's position i…
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Appellate court applied the summary conviction standard of review, re‑examined the evidence and concluded the trial judge's factual findings and credibility assessments were reasonable and not vitiated by palpable and overriding error; the evidence supported a conviction for common assault (s.266) but did not establish strangulation (s.267(c)) beyond a reasonable doubt; appeal dismissed and no costs awarded to the appellant.
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Appeal from approval of a foreclosure sale dismissed. The court upheld the Sidhu valuation, found redevelopment speculative, and held the property was marketed in a businesslike manner.
The Federal Court of Appeal upheld the Tax Court's factual finding that the appellant did not assume the mortgages and therefore received a taxable benefit under s.15(1); the 2017 resale does not eliminate the 2013 taxable benefit; the Tax Court committed no reviewable legal error and the late-filing penalty under s.162(1) was properly imposed, so the appeal is dismissed.
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The motion judge permissibly found a material change in circumstances because the respondent acquired more than 40% parenting time from about 2017 onward; that factual finding engaged s.9 of the Guidelines permitting an income‑based set‑off and retroactive adjustment beginning January 1, 2018, and the Court of Appeal found no palpable and overriding error in the motion judge's factual findings or discretionary application of Contino and therefore dismissed the appeal.
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The Court of Appeal upheld a 12-month notice award in a wrongful dismissal case, finding no reversible error in the trial judge’s inducement analysis.
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