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The Court of Appeal dismissed an appeal from summary judgment enforcing a second mortgage, finding no genuine issue for trial and lifting the stay.
The appeal is dismissed because the statutory‑illegality argument was raised effectively for the first time on appeal and, even if considered, enforcement of the lease would not undermine the integrity of the legal system given the appellant's admitted use of the premises for permitted stabling and residential purposes and her prior reliance on the lease; accordingly the contract is not void for illegality and the trial judge's order for unpaid rent, interest and costs stands.
Source excerpt
On the unchallenged evidence the Vessel was deposited for storage by its owner and the respondent was in possession when the CLA came into force; therefore a valid warehouse lien existed on June 29, 2025 and continued under s.66 CLA. The lien secures the moorage and shore power charges at market value and reasonable expenses incurred in preparing the Vessel for disposition, including a marine survey and reasonable legal costs, the latter fixed at a lump sum of $5,000. The respondent is entitled to a charge over the Funds and payment out in the sum ordered.
Source excerpt
The court held that a 2005 tenancy agreement did not create a valid lease, and ordered vacant possession of the property to Cameo Farms Ltd.
The court found Mr. Harris guilty on all counts after concluding he constructively possessed drugs and a firearm in a vehicle and held the drugs for trafficking.
The court denied a conditional sentence for child pornography offences and imposed concurrent custodial terms, probation, and ancillary orders.
The court convicted Peter Anthony Alexander of four CDSA trafficking-possession counts, finding he constructively possessed drugs in a Nanaimo living room and intended trafficking.
Interim possession of a dog was refused under the Family Law Act. The court found a prima facie spousal case and jurisdiction, but the factors favoured the respondent.
The court accepted a joint sentencing submission and imposed a 10-year global sentence for drug trafficking and firearms offences, with credit for pretrial custody and ancillary orders.
The court convicted the accused of six drug and firearms possession counts after finding the defence evidence not credible and the circumstantial evidence sufficient.
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