Granted (4)

Criminal Law: “Fresh Start” Arrests 

Beaver v. R., 2020 ABCA 203 (39480)
The Applicant and his co‑accused were convicted of manslaughter in relation to the death of their roommate. After being initially detained by officers at the scene under a non‑existent Act, they were arrested by detectives for murder two hours later at the police station. Following a lengthy interview, the co‑accused confessed to their involvement in the death of the roommate; when confronted with the confession, the Applicant admitted his participation as well. At trial, the Applicant sought a stay of proceedings or, alternatively, the exclusion of all evidence which derived from alleged violations of his rights protected by ss. 7, 9, 10(a) and 10(b). The Applicant also alleged the detective who arrested him at the station did not have reasonable and probable grounds to do so. The Crown conceded the Applicant’s Charter rights had been breached when he was detained under a non‑existent law, but argued the arrest at the station constituted a “fresh start” which insulated his confession from the previous breaches. The trial judge dismissed the application, finding the police had reasonable and probable grounds to arrest the Applicant for murder at the police station, and the arrest constituted a “fresh start” which cured the previous breaches. He concluded the Applicant’s subsequent confession had not been tainted by the breaches. Nevertheless, the trial judge conducted a s. 24(2) analysis as set out in R. v. Grant, 2009 SCC 32, and concluded the confession would have been admitted, in any event. The Alta. C.A. dismissed the Applicant’s appeal. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is granted.”

Criminal Law: “Fresh Start” Arrests 

Lambert v. R., 2020 ABCA 203 (39481)
Similar summary to that immediately above. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is granted.”

Criminal Law: Sexual Assault 

E.N. v. R., 2020 ABCA 307 (39360)
There is a publication ban in this case, in the context of the constitutionality of ss. 490.012 and 490.013(2.1) of the Criminal Code, requiring the accused to register and report for life under the Sex Offender Information Registration Act, S.C. 2004, c. 10, as a result of his convictions for more than one designated offence. “The application for leave to appeal…is granted.”

Intellectual Property: Patents 

Nova Chemicals Corporation v. Dow Chemical Company, et al., 2020 FCA 141 (39439)
There is a sealing order in this case, in the context of juridical approach to damages and “springboard profits”. “The request to join two Federal Court of Appeal files in a single application for leave to appeal is granted. The application for leave to appeal…is granted with costs in the cause.”

Dismissed (6)

Class Actions: Consortiums; Stays 

Ravvin v. Canada Bread Company Limited, et al., 2020 ABCA 424 (39554)
Proposed class proceedings were filed across the country related to an alleged price‑fixing conspiracy in the packaged bread market. The Defendants included the Respondent corporations. Two of the proposed class proceedings were filed in Alberta by the Applicant, Mr. Ravvin, and by the Respondent, Ms. Pfaff. Ms. Pfaff is represented by counsel who is part of a consortium of law firms that have agreed to coordinate the claims for a national class and who have carriage of a proposed national class proceeding currently before the Ontario Superior Court of Justice. Mr. Ravvin’s counsel is not part of the consortium. The Respondents sought a stay of both proposed class proceedings filed in Alberta, as being duplicative of the facts and matters advanced in the action in Ontario. Mr. Ravvin opposed the application to stay his action, arguing his certification application ought to proceed before the stay application. The case management judge granted a stay of both Alberta actions. The Alta. C.A. dismissed the appeal. It was satisfied the case management judge had a sufficient understanding of the nature and particulars of the proposed class proceeding to grant the stays. “The application for leave to appeal…is dismissed with costs.”

Family Law: Child Protection 

E.W. v. Windsor-Essex Children’s Aid Society, 2020 ONCA 682 (39521)
There is a publication ban in this case, and certain information is not available to the public, in the context of children in need of protection. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed without costs.”

Family Law: Unequal Division of Family Assets 

Bouvier v. Bouvier, 2020 SKCA 133 (39546)
The parties married in 1982 and separated in June 2011. Ms. Bouvier was granted an unequal distribution of the family home and family property after Mr. Bouvier failed to respond to her pleadings and to make financial disclosure. Mr. Bouvier filed a notice of appeal which had the effect of staying execution of that judgment. The C.A. dismissed Mr. Bouvier’s subsequent appeal. “The application for leave to appeal…is dismissed with costs.”

Municipal Law: Contracts; Insurance 

KPMG inc., in its capacity as liquidator of Dessau inc. under Superior Court order No. 500-11-056442-193 v. Ville de Lorraine, 2020 QCCA 1086 (39411)
The Respondent decided to build a sound abatement wall to lessen the impact of motor vehicle traffic. The Applicant’s services were retained by the Respondent to prepare the plans, draw up calls for tenders, carry out a pre‑project geotechnical study and oversee the work. Construction began in 2008 but was stopped in 2009 following the collapse of part of the wall due to the presence of soft clay in the soil. Proceedings were instituted by the various parties to the construction project. The Québec Superior Court allowed in part the action brought by Asphalte Desjardins inc. against Ville de Lorraine (“town”) and also allowed in part the town’s action against Asphalte Desjardins inc. and Dessau inc. It dismissed the town’s action against AXA Insurance Inc. and Intact Insurance Company. A majority of the Qué. C.A. dismissed the town’s appeal against Asphalte Desjardins inc., AXA Insurance Inc. and Intact Insurance Company, and allowed in part its appeal against Dessau inc. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed with costs.”

Police: Jurisdiction re Labour Law & Discipline 

Bordeleau, et al. v. Skof, 2020 ONCA 729 (39534)
Matthew Skof was a police officer with the Ottawa Police Service (“OPS”). He has been on full‑time leave since 2011 in order to act as the President of the Ottawa Police Association (“OPA”). In January 2019, Mr. Skof was charged with certain offences under the Criminal Code. Mr. Skof was suspended by Charles Bordeleau, who was then the Chief of Police of the OPS. Mr. Skof and the OPA commenced an action in the Ontario Superior Court of Justice in March 2019 against Mr. Bordeleau and the Ottawa Police Services Board (“OPSB”). In the action, they claimed declaratory relief, injunctive relief, and damages arising from alleged breaches of Mr. Skof’s Charter rights and from an alleged misfeasance in public office by Mr. Bordeleau. Mr. Bordeleau and the OPSB brought a motion under r. 21.01(3)(a) of the Rules of Civil Procedure for an order dismissing the action on the basis the court does not have jurisdiction to consider the claim. The Ontario Superior Court of Justice dismissed the action, holding there were other potential venues for the dispute and the court did not have jurisdiction over the subject matter of the action. The Ont. C.A. allowed Mr. Skof’s appeal, set aside the order of the motion judge, and reinstated the action on the basis it was not “clear and unequivocal” the court’s jurisdiction had been ousted. “The application for leave to appeal…is dismissed with costs.”

Schools: Discrimination 

L. v. Capital School Board, 2020 QCCA 1589 (39545)
There is a publication ban on the party, in the context of adapted educational services for a child with autism spectrum disorder. “The application for leave to appeal…is dismissed with costs.”