Granted

Criminal Law: Homicide; Conspiracy

R. v. J., et al., 2021 BCCA 34 (39635)
There is a publication ban in this case, as well as a sealing order; certain information is not available to the public, in the context of first degree murder and conspiracy. “The application for leave to appeal…is granted. The application for leave to cross-appeal is dismissed.”
 

Family Law: Hague Convention 

F. v. N, 2021 ONCA 688 (39875) 
There is a publication ban in this case, in the context of Hague Convention issues. “The application for leave to appeal…is granted with costs in the cause. Leave to appeal is granted only on the issues on which Lauwers J.A. dissented in the Court of Appeal for Ontario, specifically, whether the trial judge erred in the interpretation and application of ss. 23 and 40 of the Children’s Law Reform Act, R.S.O. 1990, c. C.12, and the relevance thereto of the “best interests of the child” principle. The hearing of the appeal will be expedited and will be heard on March 25, 2022. The schedule for serving and filing the appeal documents will be set by the Acting Registrar. Pursuant to s. 65.1(3) of the Supreme Court Act, R.S.C., 1985, c. S-26, paragraph 1 of the order of the Court of Appeal for Ontario dated October 1, 2021, is varied, and the stay of execution remains in force pending the disposition of this Court on the appeal.”

Dismissed

Civil Litigation: Publication Bans

Cabana v. Newfoundland and Labrador, 2020 NLCA 44 (39716)
Mr. Cabana commenced a claim for damages. He was self‑represented at trial. Mid‑trial, he was denied a publication ban in respect of medical evidence disclosed to opposing counsel and the trial judge required disclosure of a document referred to by Mr. Cabana’s psychologist when she was testifying at trial. Mr. Cabana applied for a variety of relief including a declaration of mistrial. The trial judge dismissed the applications. The N.L.C.A. denied an appeal from those rulings. “The application for leave to appeal…is dismissed with costs.”
 

Criminal Law: Offences Against Children

L. v. R., 2021 ABCA 61 (39745)
There is a publication ban in this case, in the context of agreeing/arranging to commit designated offences against children, and child porn. “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.”
 

Insurance: Post-Traumatic Shock

D.V. v. Société de l’assurance automobile du Québec, 2021 QCCA 597 (39707)
The Applicants, Ms. Vachon and Mr. Fortier, were the parents of three children, including a daughter who died in a MVA. A few hours after the accident, the Applicants went to the morgue to identify their daughter’s body and then went to the scene of the events, where they could see the severity of the impact and the damage. The Respondent Société de l’assurance automobile du Québec (SAAQ) paid them $50,200 in compensation and $4,695 to cover the funeral expenses. They were also reimbursed for the cost of professional services, including those of a psychologist. The Applicants later claimed compensation for post-traumatic shock, asserting they too were victims of their daughter’s accident as a result of their visit to the scene of the accident, because that visit haunted them and had scarred them. Their claim for compensation was denied. Following a review, the initial decision was upheld by the SAAQ’s review directorate. The Applicants then contested the review directorate’s decision before the Administrative Tribunal of Québec (ATQ). The application for review was dismissed. The Applicants applied to the Superior Court for judicial review of the ATQ’s decision. Qué. Superior Court: judicial review dismissed. Qué C.A.: appeal dismissed. “The application for leave to appeal…is dismissed with costs to the respondent, Société de l’assurance automobile du Québec.”
 

Professionals: Sealing Orders

Person C v. MediaQMI Inc., et al., 2021 QCSJ (39790)
There is a publication ban in this case, as well as a sealing order; certain information is not available to the public, in the context of sealing and other orders to protect identity, ban publication and release of information of a disciplinary and police investigation in to a death. “The motion for a partial and expedited stay of execution of the judgment in first instance and for a partial sealing order is dismissed. The application for leave to appeal…is dismissed with costs to the respondents MediaQMI Inc., TVA Group Inc., La Presse Inc. and Canadian Broadcasting Corporation.”