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.
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.
Source excerpt
Lobbying act interpretation
Five-year prohibition on lobbying by former designated public office holders
Communications regarding awarding of grants or financial benefits
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.
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.
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.
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.
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).
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.