Search Results
|
Matilda v. MacLeod,
2000 BCCA 1
–
2000/01/05
Court of Appeal
Insurance-Motor Vehicle-Deduction of accident benefits paid by out-of-province insurer to non-resident plaintiffs injured in British Columbia accident.The issue framed as a special case under R. 33 was whether the out-of-province insurer could pursue a subrogated claim for medical expenses paid on behalf of its insured from defendants insured by ICBC. It was conceded the amounts paid were "accident insurance benefits similar to those described in Part 6 of the Insurance Act" with s. 25(1) of the Insurance (Motor Vehicle) Act. Held, dismissing the appeal, the amounts paid were deemed to have been released by the terms of s. 25(2) of the Insurance (Motor Vehicle) Act and were therefore not recoverable from the defendants insured by ICBC or from ICBC.
more ...
|
HMTQ v. Mervyn,
2000 YKCA 1
–
2000/05/15
Court of Appeal
more ...
|
Halteren v. Wilhelm,
2000 BCCA 2
–
2000/01/07
Court of Appeal
Motor Vehicle Accident case - Quantum of damages - Court concluding that adverse credibility findings made by trial judge soundly based on evidence
more ...
|
HMTQ v. Stewart,
2000 YKCA 2
–
2000/05/15
Court of Appeal
more ...
|
IWA and Community Credit Union v. Liu,
2000 BCCA 3
–
2000/01/10
Court of Appeal
Civil Procedure - Costs in the Supreme Court should follow the event of the new trial.
more ...
|
HMTQ v. Caprarie-Melville,
2000 YKCA 3
–
2000/05/16
Court of Appeal
more ...
|
Fraser River Pile & Dredge v. Can-Dive Services Ltd.,
2000 BCCA 4
–
2000/01/07
Court of Appeal
Civil Procedure - Supplementary Reasons on Costs - Issues of apportionment of costs and increased costs are referred back to the trial court. Costs in the Court of Appeal are awarded to Can-Dive without reduction or apportionment.
more ...
|
Ross v. Assessor of Area #10 - Burnaby/New Westminster,
2000 BCCA 5
–
2000/01/07
Court of Appeal
The chambers judge in the decision appealed from, held that otherwise similar properties having different zoning should be assessed at the same value. The property at issue was zoned C-4, which permitted both residential and commercial uses. Nearby and otherwise similar properties were zoned RM-6 which permitted only residential uses. The subject property received a higher assessment than did the nearby properties on the basis only of the different zoning. The property owners claimed this violated the principle of equity in taxation. Saunders J.A., for the Court, allowed the appeal. Similarity is a spectrum. While zoning either may overstate or may limit the practical uses of the property, it is a factor which may influence the market value of land. As such, zoning may be a basis on which to assess otherwise similar parcels differently, provided there is evidence that this dissimilarity is reflected in the market value. The Assessment Appeal Board s conclusion that the market would differentiate in value between the differently zoned land could reasonably be supported by the evidence and the Court, therefore, could not interfere.
more ...
|
R. v. Rushton,
2000 YKCA 5
–
2000/09/11
Court of Appeal
more ...
|
Henderson v. Henderson,
2000 BCCA 6
–
2000/01/10
Court of Appeal
REAL PROPERTY - The appellant and respondent, when mother-in-law and daughter-in-law, purchased in joint tenancy a small house intending that the appellant should live there and upon her death the property would accrue to the respondent by survivorship. They entered into a written agreement to that effect which had a ten year term. Before the term expired, the respondent was divorced from the appellant s son and he was awarded an interest in the property under the matrimonial proceedings. At his instigation, the appellant severed the joint tenancy. The parties were unable to agree on matters concerning the property but neither sought to invoke the remedy of partition and sale. The Court fashioned a remedy founded on the doctrine of unjust enrichment under which the mother-in-law may remain in the house for her lifetime and the daughter-in-law is to be compensated for being kept out of possession.
more ...
|
Northwood Inc. v. Forest Practices Board,
2000 BCCA 7
–
2000/01/07
Court of Appeal
Appeals Application to restrain publication of report by Forest Practices Board pending appeal. The appellant applied to restrain publication of a compliance audit report of the Forest Practices Board pending its appeal of the dismissal of its petition pursuant to the Judicial Review Procedure Act on the ground that the portions of the Report exceeded the jurisdiction of the Board under the Forest Practices Code of British Columbia. Held: Application refused. Irreparable harm could be caused to the public interest by further delay in publication of the report and the balance of convenience favoured publication.
more ...
|
Zylstra v. Hughes,
2000 BCCA 8
–
2000/01/07
Court of Appeal
more ...
|
Van Deventer v. Van Deventer,
2000 BCCA 9
–
2000/01/12
Court of Appeal
Family Child Support Variation of Child Support order from $267 per month to 1,005 per month for the two children of the marriage Sharing of day care expenses and private school fees. The parties were married for almost seven years and had two children. The trial judge granted the parties a divorce and, based on the petitioner s annual income of $18,000, ordered the petitioner to pay the respondent $267 per month in child support. No order was made for spousal support. The respondent, who had sole custody of the children, paid $275 per month for child care and $135 per month tuition for the elder child s private schooling at the time of the divorce. No order was made to share these special expenses. The respondent appealed the trial judge s order with respect to child support and spousal support. Held: Appeal allowed. The trial judge overlooked or misapprehended the importance of the petitioner s bank records which indicated that he was receiving income of approximately $5,000 per month more than he had disclosed. The appropriate amount of child support based on the Federal Child Support Guidelines was $1,005 per month. In addition, both of the special expenses claimed were necessary and reasonable for the children s proper care. The petitioner was ordered to pay an additional $250 per month towards these special expenses. There was insufficient evidence to make an award of spousal support and the issue of spousal support was remitted to the Supreme Court.
more ...
|
Sawchuk v. MacKenzie Estate,
2000 BCCA 10
–
2000/01/11
Court of Appeal
Wills variation - Claim of adult daughter against will of mother leaving token bequest of $10,000 to claimant out of $4,000,000 estate - Other beneficiaries, grandchildren, step-grandchildren, and charities - Appeal allowed and provision for daughter increased to $1,000,000 - Interest. The 67-year old appellant, in modest circumstances, was left $10,000 out of the $4,000,000 estate of her widowed mother. 12/25ths of the estate (after some minor legacies) was left to step-grandchildren and 8/25ths to two grandchildren, children of the appellant. The remaining 20 per-cent was left to five charities equally. The appellant had been estranged from her mother as a result of unfair treatment and criticism of the appellant by her mother over many years. Held: Applying the judicious parent standard applicable to claims of independent adult children in accordance with the principles laid down in Walker v. McDermott and Tataryn v. Tataryn the award of $500,000 made by the trial judge should be increased to $1,000,000. In accordance with Tataryn, the appellate court should exercise an independent discretion on matters not dependent on credibility of witnesses. The form of the provision should remain a pecuniary legacy and attract interest under the ordinary rules applicable to the payment of interest on pecuniary legacies.
more ...
|
Osborne v. Pavlick,
2000 BCCA 11
–
2000/01/04
Court of Appeal
The applications to adduce fresh evidence were dismissed. The action was founded on negotiations and resulting contracts for a purchase and sale of lands owned and a day care operated by the defendants. The trial judge found the defendants had committed both the tort of deceit and breach of contract. The statement of defence and counterclaim did not contain either the plea that Mrs. Pavlick was incapable of entering the contract or that she lacked the mental capacity to form the intent necessary for the tort. On the application as to whether, during the negotiations and making of the bargain, Mrs. Pavlick was of sound mind, the material before the Court of Appeal clearly showed that no issue was joined between the parties as to the mental condition of Mrs. Pavlick at that time. The interests of justice were not served when litigants go to trial on certain issues that are resolved and then seek to put before this Court a wholly new and completely different theory. As for the application about Mrs. Pavlick's incapacity to give instructions and understand the legal process, this issue could have been dealt with at trial which it was not. The applications came too late to assist the defendants.
more ...
|
I.C.B.C v. Corporation of the City of Vancouver,
2000 BCCA 12
–
2000/01/11
Court of Appeal
Motor Vehicle Insurance; Liability and Coverage: Two police Officers, S. and O., using police vehicle, S. driving and O. in passenger seat, decided to drive in front of and block vehicle thought to be stolen as stop light. Vehicle not actually stolen. Driver of stopped vehicle K. accidentally shot and seriously injured by O. Held: 1. K. is entitled to Part 7 Benefits; 2. S. is not jointly liable for O s negligence; 3. O. is an "insured" as an "operator" having, jointly with S., "care, custody and control" of police vehicle; 4. City is entitled to indemnity for its vicarious liability for negligence of O; 5: Appeal dismissed.
more ...
|
The Public Trustee v. Hauptman et al.,
2000 BCCA 13
–
2000/01/04
Court of Appeal
Appeal allowed. Reasons to follow.
more ...
|
R. v. Bonneville,
2000 BCCA 14
–
2000/01/13
Court of Appeal
The appellant appealed his conviction for three counts of sexual assault. The events took place when the complainant, who is the appellant s niece, was between 8 and 15 years old. The appellant raised four grounds of appeal: (1) the trial judge should have found a reasonable doubt due to conflicting evidence about the date of the offence in count 1; (2) the complainant made prior inconsistent statements; (3) the evidence of the complainant s failure to complain was not properly weighed; and (4) the transcript of a telephone conversation should not have been used. Held: The appeal is dismissed. (1) The trial judge did not accept the date of 4 May 1981 as being the date when count one allegedly occurred. Consequently, he was not left in doubt by the evidence as to whether the offence in fact occurred. (2) The trial judge s finding regarding the prior inconsistent statements is based on his determination of the witnesses credibility, and should not be disturbed; (3) the trial judge assessed the complainant s failure to complain and his judgment should not be disturbed; (4) the transcript of the telephone conversation was entered in the presence of defence counsel and, accordingly, unless some evidentiary principle would exclude its use as relevant, it should be available for all purposes.
more ...
|
Bolton et al. v. City of Surrey et al.,
2000 BCCA 15
–
2000/01/05
Court of Appeal
The appellant expressly agreed to the consent dismissal of his action but later changed his mind. The appellant sought to have the consent order set aside by a Chambers judge. The court agreed with the Chambers judge that, based on contract principles, there were no grounds to set aside the order. The appeal was dismissed.
more ...
|
Mahood v. Britannia Beach Holdings et al.,
2000 BCCA 16
–
2000/01/12
Court of Appeal
Leave to appeal applications dismissed in interrelated proceedings under the Company Act and Rule 50 of the Rules of Court.
more ...
|
Cenciarini v. Cenciarini,
2000 BCCA 17
–
2000/01/12
Court of Appeal
Civil Procedure - Mr. Cenciarini applied to extend time to file application to set aside a chamber order.
more ...
|
R. v. Valois,
2000 BCCA 18
–
2000/01/05
Court of Appeal
Sentence appeal - 18 months sentence on conviction for escaping lawful custody - reduction of sentence from 18 months to 12 months sought on ground that 3 months spent in custody in U.K. as result of extradition proceedings. Sentencing judge declining to take 3 months into account on sentence. No error in principle on facts. Appeal dismissed
more ...
|
Lai et al. v. Kmat Canada Co.,
2000 BCCA 19
–
2000/01/12
Court of Appeal
Commercial Tenancy - Long-term lease - Right of termination by landlord The tenant Kmart became a wholly-owned subsidiary of the Hudson s Bay and stopped carrying on its retail department store business under the Kmart name. The store was closed for two months for renovations and reopened under the Zellers name. The tenant advertised a "store closing sale" before the store was closed for renovations. The landlord contended that the tenant had discontinued its store operation within the meaning of a clause in the lease entitling the landlord to terminate the lease on 60 days notice in such event. Held: By a majority, the actions of the tenant in closing for renovations and changing the name of its store from Kmart to Zellers did not amount to a discontinuance of the store operation. The closing sale was for the purpose of clearing inventory before the renovations and the landlord was under no misapprehension that the store would be closed permanently. Hall J.A. dissenting was of the opinion that the actions of the tenant did amount to a discontinuance of the store operation.
more ...
|
R. v. Khuc, Bui, Pham & Tran,
2000 BCCA 20
–
2000/01/13
Court of Appeal
Police officers obtained a warrant to search a house for drugs on the basis of information collected through the purchase of drugs by an undercover officer. Upon executing the warrant the accused were present in the house. They sought to challenge the validity of the warrant on the grounds that they did not live in the premises. The trial judge refused to entertain the challenge because the accused did not establish a privacy right to the premises. The appeal was dismissed.
more ...
|
R. v. Uppal,
2000 BCCA 21
–
2000/01/06
Court of Appeal
Appeal adjourned.
more ...
|
J.W. Price Construction Ltd. v. Costco Wholesale Corporation et al.,
2000 BCCA 22
–
2000/01/13
Court of Appeal
Builders Liens - Trust funds - Applies Ross Gibson Industries v. Greater Vancouver Housing Corp. to require sub-subcontractor who has been engaged on three projects having same owner, to apply trust funds to specific project for which payment was intended by payor, and reduce payee s lien accordingly.
more ...
|
Top Line Industries Ltd. v. International Paper Industries Ltd.,
2000 BCCA 23
–
2000/01/12
Court of Appeal
Leases - Illegality - Occupation Rent: A claim for occupation rent by the purported lessor under a lease previously found to be illegal was dismissed on an application of the general rule that in cases of illegal contracts, the loss lies where it lies.2000 BCCA 28CIBC Mortgage Corporation v. Branch et al.The chambers judge refused to apply the equitable remedy of marshalling and compel the respondent to obtain payment of its mortgage by way of its judgment on Ms. Branch's personal covenant. She also refused to order that the appellant was entitled to execute against the personal assets of Ms. Branch by way of subrogation. The chambers judge interpreted the terms of both the guarantee and the mortgage and determined that both expressly excluded the appellant from seeking recovery or payment against Ms. Branch's personal assets. The court dismissed the appeal. The chambers judge appears to have overlooked a term of the appellant's mortgage that preserved its equitable remedies. Nevertheless, it would be inequitable to order marshalling in this case because the restriction of recourse provision in the appellant's mortgage expressly excludes the appellant from seeking recovery or payment from Ms. Branch's personal assets.
more ...
|
Baas v. Jellema,
2000 BCCA 24
–
2000/01/26
Court of Appeal
The plaintiff, who had sustained serious permanent injuries in a previous accident sued for damages resulting from a second accident. There was conflicting medical evidence about the extent of the plaintiff s second accident injuries. The jury awarded damages totalling just over $60,000 but nothing for future income losses. The plaintiff appealed. The principal grounds of appeal related to the duty of the trial judge to edit medical reports when no objection was taken when they were filed and they were already before the jury; whether medical reports filed as business records were used for credibility purposes; whether the verdict was perverse; and other grounds. The appeal was dismissed.
more ...
|
R. v. Goodhart,
2000 BCCA 25
–
2000/01/06
Court of Appeal
The appeal of a conviction for theft was allowed and a new trial ordered so as to assure the accused of a fair trial. A witness adamantly testified that the driver of the stolen van had no facial hair. At the end of the trial, the Crown produced to accused's counsel the notes of one of the arresting officers which described the accused, the man arrested, as having a goatee with sideburns. The notes were relevant evidence that the accused was entitled to use in dealing with the Crown's case and in making the decision to testify. There was no suggestion of either the Crown's bad faith or the accused's lack of diligence about his rights.
more ...
|
Twylight Pressure Controls Ltd. v. The Dominion of Canada General Insurance Company,
2000 BCCA 26
–
2000/01/07
Court of Appeal
A plaintiff in other litigation was injured by an explosion and fire which occurred on Twylight's premises while one of its employees was pouring gasoline into a tank on a truck owned by Twylight. A judge on summary trial under Rule 18A held that only the vehicle insurer, ICBC, was obligated to provide Twylight with a defence of the suit of the injured plaintiff. Appeal allowed. Both the vehicle insurer and the general liability insurer, Dominion, were obliged under their policy wordings to provide a defence. Application referred back to trial judge for disposition of other defences raised by Dominion.
more ...
|
Houseman et al. v. Sewell,
2000 BCCA 27
–
2000/01/07
Court of Appeal
Appeal award of increased costs. Appeal allowed.
more ...
|
CIBC Mortgage Corporation v. Branch et al.,
2000 BCCA 28
–
2000/01/07
Court of Appeal
2000 BCCA 23 Top Line Industries Ltd. v. International Paper Industries Ltd. Leases - Illegality - Occupation Rent: A claim for occupation rent by the purported lessor under a lease previously found to be illegal was dismissed on an application of the general rule that in cases of illegal contracts, the loss lies where it lies. The chambers judge refused to apply the equitable remedy of marshalling and compel the respondent to obtain payment of its mortgage by way of its judgment on Ms. Branch's personal covenant. She also refused to order that the appellant was entitled to execute against the personal assets of Ms. Branch by way of subrogation. The chambers judge interpreted the terms of both the guarantee and the mortgage and determined that both expressly excluded the appellant from seeking recovery or payment against Ms. Branch's personal assets. The court dismissed the appeal. The chambers judge appears to have overlooked a term of the appellant's mortgage that preserved its equitable remedies. Nevertheless, it would be inequitable to order marshalling in this case because the restriction of recourse provision in the appellant's mortgage expressly excludes the appellant from seeking recovery or payment from Ms. Branch's personal assets.
more ...
|
R. v. Wilder,
2000 BCCA 29
–
2000/01/14
Court of Appeal
Mr. Wilder was charged with criminal fraud, the essence of the alleged fraud being inflated claims for expenses incurred for research under the Scientific Research Tax Credit scheme under the Income Tax Act. The essential issue on this appeal was the admissibility in proof of the criminal charge of "taxpayer information" provided by Mr. Wilder and others as required by the Income Tax Act. The trial judge acquitted the accused on a "no evidence" motion after finding that none of the taxpayer information relied on by the Crown was admissible in proof of the charges. That finding was based on the decision of this court in R. v. White, (1998), 122 C.C.C. (3d) 167 (affirmed by S.C.C. (1999), 174 D.L.R. (4th) 111) that an admission made as required by the provincial Motor Vehicle Act could not be used against the driver in proof of a charge of "hit and run" under the Code. The trial judge held that the reasoning in R. v. White precluded any information obtained under statutory compulsion being admitted in proof of a criminal charge. HELD: Neither R. v. White nor any other authority dealing with the privilege against self-incrimination supports the conclusion of the trial judge. The taxpayer information was therefore wrongly excluded.
more ...
|
R. v. Takhar,
2000 BCCA 30
–
2000/01/07
Court of Appeal
A review of the evidence and reasons for judgment demonstrated that the trial judge did not, as alleged by the appellant, overlook or fail to appreciate the evidence or fail to give it proper weight. The appeal from conviction for sexual assault was dismissed.
more ...
|
R. v. Eng,
2000 BCCA 31
–
2000/01/18
Court of Appeal
Sentence Appeal. Where an accused successfully appeals conviction, but is again convicted on retrial, the second sentencing judge may impose a greater sentence than the first judge where new facts have emerged since the original sentence. Here there was new evidence as to a significant deterioration in the appellant's attitude towards his mental illness, his need for treatment, and the prospects of rehabilitation.
more ...
|
R. v. Karbin,
2000 BCCA 32
–
2000/01/07
Court of Appeal
Leave application. Procedural matters. Jurisdiction. By the time of the instant application, the appellant had received an absolute discharge from a provincial court conviction. The original conviction had not been appealed for lack of transcripts; however, the Supreme Court exercised its discretion twice in procedural matters, granting orders unaccompanied by reasons. It is these two procedural orders the appellant wishes to appeal. Since no reasons accompany the procedural orders, this Court has jurisdictional concerns. An appeal from an exercise of judicial discretion in a procedural matter does not raise a question of law alone unless the exercise of discretion is based on reasons not well founded in law. This case did not raise a question of law. Assuming this Court had jurisdiction, the appeal would not be successful and it does not meet the criteria for importance established by this Court.
more ...
|
R. v. Veale,
2000 BCCA 33
–
2000/01/17
Court of Appeal
Leave to appeal granted in Chambers. The instant appeal arises from an appeal of a summary conviction in a domestic dispute. The issues raised in the leave application met the threshold test: the application could not be dismissed as raising issues that were bound to fail. The issues concern the defence of self-defence in a domestic dispute.
more ...
|
Kuntz v. McGraw et al.,
2000 BCCA 34
–
2000/01/12
Court of Appeal
more ...
|
R. v. Halldorson,
2000 BCCA 35
–
2000/01/12
Court of Appeal
The appellant appeals his sentence of 90 days imprisonment, followed by probation for 8 months, for common assault. He had assaulted a pedestrian who had slapped the trunk of his vehicle as he drove by. The pre-sentence report disclosed that the appellant had been convicted of assault on two prior occasions and that he failed to show remorse for this incident. Held: (Cumming and Braidwood J.J.A.): Leave to appeal is granted but the appeal is dismissed. No error in principle has been shown, and the appellant did not prove that the sentence is not fit. McEachern C.J.B.C.: This case is close to the line because it is uncertain whether the sentencing judge gave sufficient weight to s. 718.2 of the Criminal Code. However, the sentence in this case can be supported on the principles of denunciation. Violence is not acceptable conduct in our society and will be punished.
more ...
|
Quality Concrete Formwork Ltd. v. Vanbots Construction Corporation,
2000 BCCA 36
–
2000/01/12
Court of Appeal
Builders Lien: Bond posted as security: The Court dismissed an application to review the decision of a Chambers Judge refusing a stay of an order releasing a Bond upon the dismissal of the action. As there was no likelihood of success on the appeal, the review was dismissed.
more ...
|
R. v. Noble,
2000 BCCA 37
–
2000/01/11
Court of Appeal
Appeal dismissed as abandoned.
more ...
|
R. v. Anderson,
2000 BCCA 38
–
2000/01/12
Court of Appeal
Reference under Rule 13(3) - adjourn reference to later date.
more ...
|
R. v. Meidel,
2000 BCCA 39
–
2000/03/16
Court of Appeal
After he escaped lawful custody during preliminary applications for a stay of proceedings, the applicant was convicted in absentia in 1983, under s. 431.1 [now s. 475] of the Criminal Code. No jury had been empanelled, no plea had been taken. Three years later he was apprehended in the United States on unrelated offences. He was convicted by a U.S. court and sentenced to 15 years imprisonment. After his arrest in the United States the applicant learned through counsel of his Canadian conviction. The applicant tried unsuccessfully to be returned to Canada before the expiration of his U.S. sentence. The applicant took no steps to determine his status until he was arrested in the United States. As a result he only formed the intent to appeal 3 years after his conviction. A partial record of proceedings exists, the rest was destroyed under the Document Disposal Act, R.S.B.C. 1979, c.95. Should a new trial be ordered it is unlikely that the Crown would be able to marshal the evidence once again. The applicant s central ground of appeal was that he should not have been tried in absentia because he did not flee "in the course of his trial". Although there may be some merit to the appeal, the factors recounted including that of finality weighed against granting leave to appeal. The majority refused leave to appeal. Southin J.A. dissented holding that a trial commences for purposes of s. 431.1. When an accused pleads and is placed in the jury s charge, the trial should not have proceeded in absence. Southin J.A. would grant leave to appeal.
more ...
|
Re Birth Registration No. ### (British Columbia),
2000 BCCA 40
–
2000/01/19
Court of Appeal
Family Law - Court of Appeal Directive on Expediting Family Law Appeals - application to extend time to file appeal books refused as there is no merit to the appeal and delay has resulted in prejudice to the respondents. Appeal dismissed as abandoned.
more ...
|
Babichuk et Verlaan et al.,
2000 BCCA 41
–
2000/01/18
Court of Appeal
Insurance -- Automobile insurance - Consent of Owner -- Motor Vehicle Liability Policy -- The contract, particular terms - Peril Insured. This was an appeal from a declaration that an insurance policy held by a car leasing company was not a motor vehicle liability policy. That policy insured the car leasing company against loss arising from a lessee s failure to maintain insurance on the leased vehicle, a circumstance which applied in this case. At issue also was the question of whether the driver had the owner s consent to operate the vehicle. Saunders J.A., for the Court, dismissed the appeal. The driver had the owner s implied consent to use the vehicle through a chain of permission from the owner to the lessee to the driver. This was a finding of fact made by the trial judge and was reasonable on the evidence. Further, the insurance policy was not a motor vehicle liability policy. Firstly, the insurance policy did not mention the conduct of the driver of the motor vehicle. Secondly, more than negligent driving, resulting injury and a claim were required to engage the insurer s obligation of indemnity. The policy was only contingent coverage which required two additional elements: the lease agreement must have contained an insurance requirement and the lessee must have failed to maintain insurance. As such, the policy was more akin to an errors and omissions policy than to a motor vehicle liability policy.
more ...
|
Kitkatla Band v British Columbia (Small Business, Tourism and Culture),
2000 BCCA 42
–
2000/01/19
Court of Appeal
more ...
|
Brown v. Simon,
2000 BCCA 43
–
2000/01/12
Court of Appeal
A mother appealed the dismissal by a chambers judge of her application to vary an order for child support under the Family Relation Act, based on a change of circumstances, including the coming into force of the Federal Child Support Guidelines since the previous order was made. The appeal was allowed, and a re-hearing of the application to vary was ordered because the judge made no findings of fact as to the father's income, the mother's income or the child's needs. Without such findings, the court could not determine whether there was a substantial change in circumstances.
more ...
|
R. v. Kaminski,
2000 BCCA 44
–
2000/01/11
Court of Appeal
The application for leave to appeal was refused on jurisdictional grounds. The order was for the dismissal for want of prosecution of an Application for an Extension of Time to File Appeal from a deemed conviction under the Motor Vehicle Act. There was no question of law when someone failed to turn up in court and the judge dismissed the application. No question of merit was properly before this Court; that was for the Court below to hear.
more ...
|
Chiu v. HMTQ,
2000 BCCA 45
–
2000/01/11
Court of Appeal
Property Purchase Tax Act - s. 3(2) -Reference in s. 3(2), an "aggravating" provision, to "the same land" applies to aggregate several fractional undivided interests purchased in one lot. The assignment of a unique reverted number to each interest does not affect this point of statutory construction.2000 BCCA 53Waugh v. HMTQProperty Purchase Tax Act- construes "parcel of land" in s. 3.21 in accordance with definition of "parcel" in Land Title Act, as not including undivided interest in a larger lot purchased by the petitioner.2000 BCCA 71Ivison et al. v. SchiffernsUnder the Partition of Property Act, the chambers judge ordered a sale of property jointly owned by the parties, with the net proceeds to be divided according to the title. The issue on appeal was whether this was the proper apportionment of the proceeds. Saunders J.A., for the Court, allowed the appeal. Section 7 of the Law and Equity Act requires a trial judge to recognize and take notice of all equitable claims. Here, the petitioners had contributed all the cash ($57,000) required to purchase the property and the respondents had made mortgage payments and paid other property related expenses since the 1995 purchase. In the circumstances, the criteria for unjust enrichment were established. Taking into consideration the respondents' contribution by paying for the mortgage and other outgoings, the net sale proceeds should be paid 1/4 to the respondents and 3/4 to the petitioners.
more ...
|
Christie v. Suburban Motors Ltd.,
2000 BCCA 46
–
2000/01/13
Court of Appeal
Employment - apprenticeship - breach of contract - constructive dismissal - similar fact evidence. The action for breach of contract was dismissed by the trial judge who found that a breach of the apprenticeship agreement was not proved and no loss was suffered. Held: Appeal dismissed. The factual issue of the adequacy of the appellant's training under the apprenticeship agreement was resolved at trial in favour of the employer and cannot be reversed on appeal. Similar fact evidence about prior apprenticeships with the employer was inadmissible. An offer to extend the apprenticeship for an additional year was not a constructive dismissal because the employer was not bound to keep the apprentice after the regular term expired.
more ...
|
|