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The court upheld the Commissioner’s 2024 truck-tag allocation, finding the two-stage scoring process lawful, not fettered, and not patently unreasonable.
The Court of Appeal dismissed an appeal challenging Galiano Island zoning restrictions on residential use of managed forest land, finding the bylaw reasonable and still applicable.
The Nova Scotia Supreme Court upheld the Labour Board: special payments assessed under valuation reports with valuation dates before December 31, 2019 (calculated under the 100% solvency standard) remain due and payable despite the 2020 Amendments; the 85% solvency standard applies only to valuation dates on or after December 31, 2019; the amendments were not shown to operate retrospectively and s.104 and s.86(1)(c) confirm continuing obligations.
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The Federal Court allowed judicial review because the Appeal Division relied on a limitation period without analyzing whether it applied retrospectively to a 2011 reconsideration decision.
The petition challenging Galiano Island Bylaw 127 was dismissed. The court held the bylaw regulated housing, not forestry, and the PMFLA did not retroactively invalidate it.
The court held that pre-amendment common law on consent and honest but mistaken belief applied to 1974 rape charges, but post-1983 statutory consent rules did not.
Federal Court dismissed judicial review of an IRB inadmissibility finding against the applicant, holding the tribunal reasonably applied IRPA s. 34 and Criminal Code s. 83.01 and reasonably treated the evidence.
The Federal Court dismissed a delisting challenge under the Justice for Victims of Corrupt Foreign Officials Act and held the Minister had not breached procedural fairness.
Under s.535 an accused is entitled to a preliminary inquiry only if they are charged with an indictable offence punishable by 14 years or more imprisonment as determined by the maximum penalty applicable at the time the offence was committed; where the accused's jeopardy is limited to less than 14 years there is no right to a preliminary inquiry.
Source excerpt
The Court held that the relevant maximum penalty for s.535 purposes is the punishment in force at the time the offence was committed (10 years); therefore the appellant was not charged with an offence punishable by 14 years or more and is not entitled to a preliminary inquiry; even if waiver of s.11(i) were possible, Interpretation Act s.43 and the presumption against retrospectivity preclude applying the increased penalty retroactively.
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