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Administrative law 2019 BCCA 401

Santics v. Vancouver (City) Animal Control Officer

Willcock J.A. grants a stay of execution pending a leave application to the Supreme Court of Canada. The issue of conditional orders under s. 324.1 remains arguable.

  • Dangerous dog statutes
  • Conditional orders
  • Stay of execution
  • Leave to appeal
  • Onus of proof
  • Statutory construction
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Criminal law 2019 ONCA 396

R. v. Carson

The SCAJ erred by narrowing the statutory prohibition and by treating initiation of communications and officials' subjective views as dispositive; under a proper contextual interpretation of the Lobbying Act, communications by the respondent that secured an effective award or preservation of a financial benefit to CSEE fell within s.7(1)(a)(v) and thus breached the five-year prohibition in s.10.11(1)(b); accordingly the Court of Appeal allowed the Crown's appeal, set aside the SCAJ decision and reinstated the conviction and $5,000 fine on count #3.

  • Lobbying act interpretation
  • Five-year prohibition on lobbying by former designated public office holders
  • Communications regarding awarding of grants or financial benefits
  • Ambiguity in penal statutes
  • Statutory construction
  • Conviction reinstatement
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Partnership law 2019 ONCA 314

Canadian Home Publishers Inc. v. Parker

The LPA expressly limits a limited partner's entitlements on dissolution to share of profits and return of contributions and grants the general partner the rights of an ordinary partner; the LPA does not permit a limited partner to claim residual partnership assets in the absence of an agreement, and the court will not import s.44 of the Partnerships Act to alter that statutory scheme; therefore the respondents (the limited partner's estate) have no interest in the residual assets on dissolution.

  • Dissolution of limited partnership
  • Distribution of residual partnership assets
  • Interpretation of limited partnerships act
  • Statutory construction
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Fisheries law 2016 BCCA 472

R. v. McKinnell Fishing Ltd.

The court held that hauling and bringing crab traps aboard is part of “fishing for” under the Fisheries Act, and dismissed the appeal.

  • Definition of 'fishing'
  • Statutory construction
  • Strict liability offence
  • Due diligence defence
  • Conservation and resource management
  • Statutory-interpretation
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Administrative law 2016 FC 1293

Schmit v. Canada (Attorney General)

The Federal Court set aside a prison disciplinary conviction because the evidence showed only possession of an item, not conduct matching paragraph 40(m) of the Act.

  • Reasonableness standard
  • Procedural fairness
  • Statutory construction
  • Mens rea vs strict liability
  • Destruction of evidence
  • Disciplinary procedure
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Administrative law 2016 BCSC 488

International Brotherhood of Electrical Workers, Provincial Council v. Applied Science Technologists and Technicians of British Columbia

The court set aside a provincial safety manager’s decision recognizing ASTTBC’s electrical training program, finding the manager lacked jurisdiction under the Safety Standards Act.

  • Judicial review
  • Standing
  • Standard of review
  • Delegation of authority
  • Recognition of training programs
  • Statutory construction
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Insurance law 2014 BCCA 431

Stroszyn v. Mitsui Sumitomo Insurance Company Limited

The court held that ICBC’s $1 million payment reduced Honda’s statutory lessor liability in full, and that Jason Chen was insured under Mitsui’s excess policy.

  • Vicarious liability
  • Lessor liability cap
  • Excess insurance coverage
  • Policy exclusion requirements
  • Statutory construction
  • Vicarious-liability
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Criminal law 2014 NSPC 48

R. v. Griebel

The court defined "disorderly behavior" under the Act as conduct that disrupts the peaceable enjoyment and operation of property in a manner that disturbs the occupier; applying that definition and resolving credibility against the accused, the court found Griebel's conduct met the statutory standard and convicted her under s.7(b).

  • Disorderly behaviour
  • Protection of property act
  • Occupier
  • Credibility findings
  • Statutory construction
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Criminal law 2014 SCC 19

R. v. Hutchinson

The Supreme Court of Canada held that condom sabotage vitiated consent by fraud and upheld the sexual assault conviction in R. v. Hutchinson.

  • Consent
  • Fraud
  • Sexual assault
  • Condom sabotage
  • Pregnancy risk
  • Statutory construction
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Admiralty law 2014 FC 132

Westchor Terminals Limited v. Leo Ocean S.A.

The Federal Court held that Captain Jeffrey McDonald remained a “licensed pilot” under the Pilotage Act despite an expired certificate of competency, and dismissed the motion.

  • Licensed pilot
  • Pilotage legislation
  • Limitation of liability
  • Compulsory pilotage
  • Pilotage certificates
  • Statutory construction
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.