Granted (1)

Criminal Law: Sexual Offences 

R. v. J.J., 2020 BCSC 349 (39133)
There is a publication ban in this case, in the context of whether the seven‑day notice requirement in s. 278.93(4)  of the Criminal Code violates s. 7  of the Charter and cannot be saved under s. 1. “The application for leave to appeal…is granted. The decision on costs is referred to the panel hearing the appeal.”

Dismissed (2)

Criminal Law: Delay 

Kazman v. R.2020 ONCA 22 (39077)
The Applicants, Messrs. Kazman and Levy, were convicted of five counts of fraud, one count of laundering the proceeds of the frauds, and one count of committing the fraud for the benefit of a criminal organization. The grounds of appeal included whether the trial judge had erred in summarily dismissing the s. 11(b) applications. The C.A. dismissed the Applicants’ conviction and sentence appeals. “The motion for an extension of time to serve and file the application for leave to appeal filed by the applicant, Gad Levy, is granted. The applications for leave to appeal…are dismissed.”

Insurance: Recoverable Depreciation 

Champion Products Corp. v. Intact Insurance Company2020 ONCA 111 (39126)
The Applicants are related companies that owned or occupied a commercial building destroyed by fire in 2011. The Respondents insured the destroyed building. Under the policy, the insured was entitled to recoverable depreciation. In May 2013, the parties entered into a partial settlement agreement, by which they agreed the insured would have 24 months to proceed with replacement of the destroyed building, failing which it would be “deemed to have forever waived and forfeited” any claim for recoverable depreciation. Within the 24‑month deadline, the insured entered into an agreement to purchase a property the insured accepted as a suitable replacement property. The parties reached a further settlement agreement of their outstanding issues. That agreement was subject to various conditions, including the insured close on the existing agreement to purchase. The insured did not close on that agreement and later entered into another agreement to purchase a different property. When the insured learned of these developments, it took almost three months to inform the insurer it had forfeited its entitlement to recoverable depreciation. The insured successfully moved for partial summary judgment, and obtained a declaration the insurer had waived the insured’s obligation to replace the destroyed building within the 24‑month period. The insurer appealed. The C.A. set aside the summary judgment and substituted a declaration the insurer did not waive the insured’s failure to replace its destroyed building, and dismissed the insured’s cross‑appeal. “The application for leave to appeal…is dismissed with costs.”