Canada Case Law

Byrne v. Canada (Border Services Agency)

Court

Federal Court of Appeal

The CITT’s findings of fact, including its assessment and preference of the respondent’s expert evidence, were reasonable and entitled to deference under Vavilov; the applicant was afforded procedural fairness and was not denied a reasonable opportunity to have his expert examine the pistol given security constraints and offered inspection arrangements; there was no evidence of actual or apprehended bias; accordingly the judicial review application is dismissed and costs are awarded.

Source excerpt

• Replica firearm definition
• Importation prohibition
• Expert evidence weight
• Apprehended bias
• Procedural fairness in inspections
• Standard of review (reasonableness/correctness)

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R. v. A.M.

Court

Court of Appeal for Ontario

The Court held the sentencing judge did not err: the offence conduct established a pattern, brutality and failure to control sexual impulses, the appellant demonstrated intractability and lack of insight into his paraphilia, and the Crown proved beyond a reasonable doubt a high likelihood of harmful recidivism; accordingly the dangerous offender designation and imposition of an indeterminate sentence were lawful and necessary to protect the public.

Source excerpt

• Dangerous offender criteria
• Indeterminate sentence
• Recidivism risk assessment
• Expert evidence weight
• Treatment refusal and insight
• Proportionality and restraint

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Riascos v. Raudales

Court

Supreme Court of British Columbia

The court found three motor vehicle accidents caused and aggravated the plaintiff’s chronic pain, headaches, mood symptoms, and loss of earning capacity.

• Causation
• Assessment of damages
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Mitigation

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Dahlke v. Davidson

Court

Supreme Court of British Columbia

Motor vehicle negligence trial over a Centre Street parking-lane collision, with liability apportioned 60% to the plaintiff and 40% to the defendant.

• Liability apportionment
• Causation
• Non-pecuniary damages
• Future loss of earning capacity
• Cost of future care
• Credibility findings

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Somers v. MacLellan

Court

Supreme Court of British Columbia

The Court found Richard MacLellan was driving in a rollover crash that catastrophically injured Cody Somers, and reduced damages for Somers’ contributory negligence.

• Driver identity
• Occupant ejection
• Seatbelt mitigation
• Contributory negligence
• Apportionment
• Loss of earning capacity

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Williams v. British Columbia

Williams v. British Columbia (Civil Resolution Tribunal)

Court

Supreme Court of British Columbia

The court granted judicial review of a CRT noise-dispute decision, finding a material unsupported factual finding, misapprehension of expert evidence, and procedural unfairness.

• Judicial review
• Patent unreasonableness
• Procedural fairness (audi alteram partem)
• Bylaw enforcement
• Noise nuisance
• Expert evidence weight

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McHugh v. Insurance Corporation of British Columbia

Court

Supreme Court of British Columbia

Judicial review of a workers’ compensation appeal was allowed because the Tribunal relied on an inadequate workplace evaluation and irrationally preferred one expert report over another.

• Workplace evaluation
• Standard of review
• Patent unreasonableness
• Expert evidence weight
• Causation
• Remittal

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Singh v De Santis

Court

Supreme Court of British Columbia

The court found the first collision caused chronic soft-tissue and jaw injuries, aggravated by a second crash, and awarded damages for pain, income loss, care, and special expenses.

• Causation
• Credibility
• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Special damages

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Jones v. Colonna

Court

Supreme Court of British Columbia

The court found the motor vehicle collision materially contributed to post-concussive symptoms and aggravated pre-existing spinal disease, awarding damages to the plaintiff.

• Post-concussive syndrome
• Causation and pre-existing condition
• Non-pecuniary damages
• Cost of future care
• Loss of domestic capacity
• Expert evidence weight

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Lynch v. McPhee

Court

Supreme Court of British Columbia

The court found the defendant liable for a parking-lot collision that caused chronic physical and psychological injuries, and awarded damages for pain, income loss, future care, homemaking loss, and special damages.

• Causation
• Pain and suffering
• Loss of past earning capacity
• Loss of future earning capacity
• Cost of future care
• Special damages

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