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Corporate law 2020 BCCA 371

M. McIsaac Family Holdings Ltd. v. Tolam Holdings Ltd.

The Court of Appeal remitted the valuation-date issue in a shareholder buy-out dispute, finding the trial reasons inadequate. The management-fees issue remains outstanding.

  • Oppression remedy
  • Winding-up (just and equitable)
  • Valuation date for forced sale
  • Related party transactions / management fees
  • Sufficiency of reasons for judgment
  • Procedural fairness (reasons)
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Family law 2020 BCCA 288

Kooner v. Kaur

The Court of Appeal allowed Harjit Kaur’s appeal, set aside the family home order as it applied to her, and remitted the property claim for fresh adjudication.

  • Family assets
  • Consolidation of actions
  • Sufficiency of reasons for judgment
  • Remittal for retrial
  • Certificate of pending litigation
  • Family-assets
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Criminal law 2014 BCSC 801

R. v. Kaiser

The appeal from a traffic conviction was dismissed. The court held that a police officer completing notes after a stop was acting in the discharge of duties, so the vehicle was an official vehicle.

  • Failure to slow for official vehicle
  • Definition of official vehicle
  • Discharge of duties
  • Sufficiency of reasons for judgment
  • Entrapment
  • S.7 vagueness challenge
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Tax law 2013 BCSC 1936

R. v. Nicol

The British Columbia Supreme Court dismissed Patrick David Nicol’s appeal from convictions for failing to file tax returns. It held the filing deadline was not extended and due diligence was not made out.

  • Failure to file tax returns
  • Strict liability offence under income tax act
  • Due diligence defence
  • Notice of requirement deadline
  • Sufficiency of reasons for judgment
  • Prosecutorial discretion vs deadline extension
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Criminal law 2012 BCSC 1069

R. v. Davis

Appeal from a drunk-driving conviction dismissed. The court held the trial reasons adequately addressed when the officer formed reasonable suspicion for a breath demand.

  • Impaired driving
  • Driving with blood alcohol over 80 mg
  • Reasonable suspicion
  • Breath demand under s.254(2)
  • Approved screening device
  • Sufficiency of reasons for judgment
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Criminal law 2009 BCCA 363

R. v. Kinley

The court held that brief trial reasons were sufficient for appellate review and dismissed the conviction appeal, affirming counts 2 and 3 while leaving the count 1 acquittal intact.

  • Eyewitness identification
  • Sufficiency of reasons for judgment
  • Recognition evidence
  • Video and audio identification
  • Misapprehension of evidence
  • Standard of review
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Criminal law 2004 BCSC 1082

R. v. Kara

Appeal from a conviction for breach of a peace bond under s. 811. The court found the trial reasons inadequate and ordered a new trial.

  • Peace bond breach (s.811 criminal code)
  • Mens rea (wilful knowledge)
  • Sufficiency of reasons for judgment
  • W.(d.) instruction
  • New trial remedy
  • Peace-bond-breach
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.