Dismissed

Class Actions: Health Care Denial

S. v. Attorney General of Québec, 2021 QCCA 1915 (40058)
There is a publication ban in this case, in the context of health care denial based on parents’ migratory status. “The application for leave to appeal…is dismissed.”
 

Corporations: Fiduciary Duties

Sonic Holdings Ltd. v. Savage, 2021 BCCA 441 (40031)
The Applicant, Sonic Holdings Ltd., brought an action against the Respondent, Thomas Savage, for breach of fiduciary duties owed as an officer and director of Sonic Drill Systems Inc., a closely held corporation the Respondent managed and operated for two equal shareholders. The B.C.S.C. dismissed the Applicant’s claim. The B.C.C.A. unanimously dismissed the Applicant’s appeal from the dismissal of the claim. “The application for leave to appeal…is dismissed with costs.”
 

Criminal Law: Homicide

F. v. R., 2021 QCCA 1844 (40059)
There is a publication ban in this case, in the context of first degree murder. “The application for leave to appeal…is dismissed.”
 

Criminal Law: Sexual Assault

W. v. R., 2022 ABCA 1 (40060)
There is a publication ban in this case, in the context of a sexual assault conviction. “The application for leave to appeal…is dismissed.”
 

Family Law: Custody

D. O. v. C. J., NB CA (39903)
There is a publication ban on the party, in the context of custody litigation. “It is not necessary to consider the motion for an extension of time to serve and file the response to the application for leave to appeal. The application for leave to appeal…is dismissed with costs.”
 

Torts: Defamation

Gravel, et al. v. Lalli, 2021 QCCA 1549 (39979)
The Applicant Alain Gravel was a journalist employed by the CBC, a federal Crown corporation that acts as a public broadcaster on a number of platforms, such as television, radio and the Internet. Mr. Gravel hosted a television program called “Enquête”, which was a public affairs program featuring investigative journalism that was broadcast on the CBC from 2007 to 2015. For the purposes of that program, Mr. Gravel conducted a journalistic investigation concerning land that was the site of a former Catholic orphanage and had been owned by Fondation Villa Notre‑Dame‑de‑Grâce. The land had been purchased in 2003 by the Respondent, Mr. Lalli, a businessman who was the sole shareholder of a corporation specializing in underground distribution networks. Mr. Lalli had purchased the land for a total of $1,850,000 for tax purposes, through two acts of sale. The first parcel of the land in question was resold in 2003 for $2M, and the second was resold to a real estate developer in 2006 for $1,5M.  That land was ultimately resold by the developer in November 2007 for $4,550,000. The investigation was the subject of a story called “Terrain miné par la mafia”, which was shown on the Enquête program on March 7, 2013. It was later released on various CBC platforms. In response to the broadcast of that story, Mr. Lalli brought an action in defamation against the Applicants. He believed the story falsely linked him to organized crime, it contained inaccuracies about his involvement in the various real estate transactions related to the land and it violated the standards of professional journalism. The Superior Court dismissed Mr. Lalli’s application, and the Qué. C.A. allowed the appeal, set aside the trial judgment and ordered the Applicants to pay Mr. Lalli $60K in moral damages. “The application for leave to appeal…is dismissed with costs.”

Remanded

Criminal Law: Homicide; Parole Ineligibility

K. v. R., 2021 ABCA 48 (39761)
There is a publication ban in this case, in the context of parole ineligibility for murder. “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 remanded to the Court of Appeal for Alberta for disposition in accordance with Her Majesty the Queen v. Alexandre Bissonnette, 2022 SCC 23.”
 

Criminal Law: Homicide; Parole Ineligibility

F. v. R., 2021 ABCA 48 (39789)
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 remanded to the Court of Appeal for Alberta for disposition in accordance with Her Majesty the Queen v. Alexandre Bissonnette, 2022 SCC 23.”