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The Federal Court allowed T. Rowe Price Group’s appeal, set aside the Trademarks Opposition Board’s decision, and directed refusal of the LIVE WITH CONFIDENCE application.
British Columbia Court of Appeal considered future loss of earning capacity after a bicycle accident, with the majority allowing the appeal and substituting $80,000.
The trial judge misapplied W.(D.) and failed to maintain the required focus on reasonable doubt by effectively treating the case as a credibility contest and rejecting the accused’s evidence on grounds not reasonably supportable by the record (literacy, memory of historical sentence, procedural confusion about variation, and unexplained emphasis on inconsistencies). Those legal errors and factual misappraisals were sufficiently central and unsupported to constitute a miscarriage of justice; appeal allowed, conviction quashed, new trial ordered before a different judge. The Gladue and sentenci…
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The Supreme Court of British Columbia dismissed Mr. Sharma’s appeal from a speeding conviction, finding no palpable and overriding error in the trial finding.
The motion to adduce new evidence was dismissed because the evidence could, with due diligence, have been presented to the Tax Court; the appeal was dismissed because the Federal Court of Appeal found no palpable and overriding error in the Tax Court's factual findings or in its application of law (including use of the net worth method, imputation of income, timeliness of reassessment, and imposition of gross negligence penalties).
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The Yukon Court of Appeal allowed Paul Deuling’s appeal from a sexual assault conviction, holding the trial judge erred by assessing Count 4 in isolation.
The Court of Appeal allowed the appeal and dismissed the claim, holding the trial judge made palpable and overriding error in finding causation despite adverse credibility findings and no corroborative objective evidence.
Appeal from dismissal of a medical negligence claim arising from Mr. Focken’s death after a deferred embolization. The Court found no reviewable error and dismissed the appeal.
The Court of Appeal dismissed a negligence appeal arising from a recreational soccer slide tackle, holding the trial judge applied the correct standard of care.
The Court of Appeal dismissed appeals about alleged loan repayment and overpayment claims, finding no palpable factual error and no basis to disturb limitation-related findings.
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