Banks/Family Law: Fraudulent Conveyances
Gurmeet Brar, et al. v. Kootenay Savings Credit Union, et al., 2023 BCCA 68 (40689)
On July 22, 2015, the Respondent, Kootenay Savings Credit Union (“Kootenay”) obtained a judgment against the Applicant, Gurmeet Brar, personally, for approximately $1.5 million plus interest and costs. On November 15, 2017, Mr. Brar, purported to transfer his half interest in a 10-acre residential farm property to the other Applicants, for the sum of $1 dollar “and natural love and affection.” At the time, the market value of the property was $2 million. On May 26, 2016, the Applicant, Navdeep Brar filed a notice of family claim, alleging that the parties had separated on September 15, 2008 and that they had signed a separation agreement on January 15, 2010. Navdeep sought an order that she was the sole owner of the farm property. The divorce was not contested so her petition was submitted as a “Desk Order” divorce and resulted in a final order granting the farm property to her. Kootenay sought an order that the transfer of the property to Navdeep was void as a fraudulent conveyance. The Applicants argued that the transfer was made in good faith, in accordance with a verbal trust agreement that Navdeep and their two daughters would jointly own the farm property. “The applications for leave to appeal…are dismissed with costs.”
Civil Litigation: Anti-SLAPP
Park Lawn Corporation, et al. v. Kahu Capital Partners Ltd., 2023 ONCA 202 (40715)
The Respondent, Kahu Capital Partners Ltd., an investment management company, is involved in litigation against the Applicant Park Lawn Corporation, a funeral home and deathcare enterprise, and its current CEO, the Applicant J. Bradley Green, for allegedly aiding a former Park Lawn executive in mismanaging certain trust funds. In response to the allegations, Kahu brought a counterclaim, claiming that statements made in an industry publication by Park Lawn were defamatory in nature. Park Lawn and Green brought an anti-SLAPP motion to dismiss Kahu’s counterclaim. The Superior Court dismissed the motion, having found that the harm suffered by Kahu outweighed the public interest in protecting the Applicants’ freedom of expression on a matter of public interest. The Ont. C.A. dismissed the appeal. It determined that the motion judge’s analysis revealed no reviewable error. “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.”
Civil Litigation: Motions to Strike
Tanya Rebello v. Minister of Justice, et al., 2023 FCA 67 (40752)
The Applicant commenced an action against the Respondents. The Applicant alleges that the Respondents’ impugned conduct amounts to a breach of statutory duties, neglect of duties, a breach of fiduciary duties, misfeasance in public office, conspiracy, negligence and a breach of the Applicant’s rights under sections 7, 8, 12 and 15 of the Charter. The Respondents successfully brought a motion to strike out the Applicant’s statement of claim. The Applicant’s appeal was dismissed. “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.”
Class Actions: Fuel Consumption Estimates
Barry Rebuck v. Ford Motor Company, et al., 2023 ONCA 121 (40698)
The Applicant, Mr. Rebuck, is the representative plaintiff in a class action relating to the fuel consumption estimates affixed to vehicles manufactured by the Respondents (collectively “Ford”) and repeated in their marketing materials. The class claimed that the EnerGuide labels affixed to Ford’s 2013 and 2014 new vehicles and Ford’s marketing materials were false or misleading under two statutory regimes — the federal Competition Act, and the consumer protection statutes of seven provinces, including Consumer Protection Act, 2002. After certification, both the Applicant and Ford brought competing motions for summary judgment to resolve the matter. The motion judge granted Ford’s motion and dismissed the class action in its entirety. The motion judge found that Ford was complying with directions and guidelines set out by the Department Natural Resources when it affixed its EnerGuide labels. He concluded that Ford did not commit the breaches claimed by the Applicant. The Ont. C.A. dismissed the Applicant’s appeal. “The application for leave to appeal…is dismissed with costs.”
Criminal Law: Arson
Singh v. R., 2023 MBCA 46 (40801)
The Applicant was the general manager of a pizza restaurant. There was a fire which originated at the restaurant and spread to the adjacent Inn. Experts’ reports were filed and there was testimony as to the origin and cause of the fire. The Applicant was convicted of two counts of arson. The Man. C.A. dismissed the conviction appeal. “The application for leave to appeal…is dismissed.”
Criminal Law: DUI
Sharma v. R., 2023 ONSC (40773)
The Applicant was initially charged with operating a motor vehicle with a blood alcohol content over 80. A replacement information was later sworn, charging the Applicant with one count of driving over 80 and an additional count of impaired driving. Kastner J. dismissed the Applicant’s Charter application and, after trial, convicted him of the over 80 offence and acquitted him of impaired driving. The Summary Conviction Appeal judge found a s. 7 Charter breach and determined the appropriate remedy under s. 24(1) was to impose a stay of proceedings on the impaired driving charge. Since the Applicant was acquitted on this charge, the remedy was moot. The appeal against conviction of the over 80 charge was dismissed. The application for leave to appeal to the Ont. C.A. was dismissed. “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.”
Criminal Law: Extradition
Joinson v. Attorney General of Canada on behalf of the United States of America, 2023 BCCA 186 (40707)
The U.S. seeks to extradite Mr. Joinson to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Joinson applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Joinson into custody. The Fed. C.A. dismissed an appeal from the committal order. “The application for leave to appeal…is dismissed.”
Criminal Law: Extradition
Ferguson v. Attorney General of Canada on behalf of the United States of America, 2023 BCCA 186 (40708)
The U.S. seeks to extradite Mr. Ferguson to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Ferguson applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Ferguson into custody. The Fed. C.A. dismissed an appeal from the committal order. “The application for leave to appeal…is dismissed.”
Criminal Law: Extradition
Fraser v. Attorney General of Canada on behalf of the United States of America, 2023 BCCA 186 (40706)
The U.S. seeks to extradite Mr. Fraser to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Fraser applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Fraser into custody. The Fed. C.A. dismissed an appeal from the committal order. “The application for leave to appeal…is dismissed.”
Criminal Law: Sexual Interference
Wheeler v. R., 2023 QCCA 443 (40746)
The Applicant was on a website which was known for sexualized chat when he messaged a police officer who was posing online as a mother of two daughters. The police officer and the Applicant engaged in sexually explicit conversations, sometimes involving the fictional 12-year-old daughter. They agreed to meet in person. The Applicant arrived at the agreed upon location, and he was arrested by the police officer. The Applicant was convicted of agreeing with a person, by means of telecommunication, to commit the offence of sexual interference, with respect to another person who the Applicant believed was under the age of 16 pursuant to s. 172.2(2) of the Criminal Code. The Qué. C.A. dismissed the 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 dismissed.”
Criminal Law: Time Extensions
Kafando v. R., 2022 QCCA 969 (40765)
After being convicted, Mr. Kafando applied unsuccessfully for an extension of time to appeal the verdict to the Superior Court and the Qué. C.A. He then sought by various means to have those courts set aside the verdict, but they did not grant his applications. “The motion for a stay of execution is dismissed. The miscellaneous motion is dismissed. The motion for an extension of time to serve and file the application for leave to appeal…is dismissed.”
Employment Law: Termination; Delay
Xiufeng Xue v. Suncor Energy Inc., et al., 2023 ABCA (40758)
The Applicant filed his Amended Statement of Claim (“Amended Claim”), in which he made several claims against the Respondents. With respect to Suncor, the Applicant alleged that he was constructively/wrongfully dismissed by Suncor and was entitled to damages. Justice Dario held that the Amended Claim should be struck out. At the Alta. C.A. the Applicant failed to meet mandatory filing deadlines to maintain his appeal and his appeal was accordingly struck. The Applicant’s application to restore his appeal was dismissed by the Alta. C.A. “The motion for an extension of time to serve and file the applicant’s reply is granted. The application for leave to appeal…is dismissed with costs to Suncor Energy Inc. and CNOOC Petroleum North America ULC (formerly known as Nexen Energy).”
Employment Law: Termination
Daniel Prasad v. Kathleen Daluz, et al., 2023 BCSC (40783)
The Applicant’s position at a Vancouver hospital was terminated following a workplace investigation that involved the Respondents. The Applicant brought a claim against the Respondents, seeking monetary compensation for lost wages, restitution, reinstatement of his nursing registration, and an order seeking to lift his termination based on alleged breaches of his rights under the Charter. The Respondents brought an application to strike the claim as failing to disclose a reasonable cause of action. A judge at the B.C. Supreme Court granted the Respondents’ application, struck the Applicant’s notice of civil claim, without leave to amend his pleadings, and dismissed the claims against the Respondents. The B.C.C.A dismissed an 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 dismissed for want of jurisdiction.”
Family Law: Children’s Aid
M.E. v. Children’s Aid Society of Toronto, et al., 2022 ONCA 714 (40775)
There is a publication ban, in the context of litigation against Children’s Aid. “The various requests for miscellaneous relief are dismissed. The application for leave to appeal…is dismissed.”
Family Law: Covid
J.N. v. C.G., 2023 ONCA 77 (40677)
There is a publication ban, certain information not available to the public, in the context of parental decision-making authority for children. “The application for leave to appeal…is dismissed.”
Family Law: Custody and Access
F.H. v. J.A., 2023 QCCA (40683)
There is a publication ban, certain information not available to the public in the context of custody and access. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion for a stay of execution is dismissed. The applications for leave to appeal…are dismissed.”
Family Law: Post-separation Sale of Shares
John Darrell McDonald v. Jay Allison Barkwell, 2023 ABCA 87 (40742)
The parties were married in 2005 and separated in 2015. There were no children of the marriage. The wife was an articling student, without assets, at the time of the marriage. The husband had assets at the time of marriage and received a substantial inheritance during the marriage. A month before the parties separated, the husband invested some of his inheritance monies into a company owned by one of his friends. Shortly afterward, the parties separated. The husband sold those shares post-separation, realizing a substantial net after tax profit. Six years after their separation and at trial, the wife claimed 50 per cent of the profits from the sale of the shares. At trial, the major issues concerned the division of matrimonial property, in particular, the husband’s claimed exemptions for assets he had owned, the tracing of those exempt assets into other assets after separation, and the wife’s allegations of dissipation of property by the husband. The trial judge upheld the exemptions claimed by the husband. The wife’s claim for a share of the gains on the husband’s exempt property was dismissed. The wife successfully appealed that decision, in part. The Alta. C.A. held, inter alia, that she was entitled to a share in the gains realized on the sale of the exempt shares. “The motion to file a lengthy memorandum is granted. The motion for an extension of time to serve and file an amended application for leave to appeal is granted. The application for leave to appeal…are dismissed with costs.”
Labour Law: Termination; Time Extensions
Rosie Gagnon v. Canadian Association of Professional Employees, 2022 FPSLREB 91 (40728)
The Applicant was employed in the federal public service. In April 2020, when she was still on probation, the employer terminated her employment. The Applicant filed a grievance, for which she was represented by the Respondent as bargaining agent. When the Respondent decided to end its representation for the grievance, the Applicant filed two complaints (one against the Respondent; the other against a union steward) with the Federal Public Sector Labour Relations and Employment Board. A Board member decided the matter in favour of the Respondent and dismissed the complaints. After learning about the system for appointing members to the Board, and after the deadline for filing an application for judicial review had passed, the Applicant filed a motion with the Federal Court of Appeal for an extension of time to be able to contest the Board member’s decision. A judge of the Fed. C.A. dismissed the motion for an extension of time. “The application for leave to appeal…is dismissed with costs.”
Professions: Fees
Sarto Landry v. Mario Giroux 2023 QCCA 364 (40751)
The Applicant, Sarto Landry, is a lawyer who provided various professional services to the Respondent , Mario Giroux. A dispute arose regarding the amount of the fees claimed by Mr. Landry for the services rendered. At the preliminary stage of conciliation by the Barreau, Mr. Giroux’s contestation concerned an amount of $49,036.47 invoiced by Mr. Landry. At the arbitration stage before the Council of Arbitration for the Accounts of Advocates of the Barreau du Québec (“Council”), Mr. Giroux also sought reimbursement of $23,642.86, which he had already paid Mr. Landry. On November 4, 2021, the Council made an arbitration award in which it ordered Mr. Landry to reimburse Mr. Giroux $8,449.66. The Court of Québec dismissed Mr. Landry’s application to annul the arbitration award and to dismiss the application for its homologation, and it allowed Mr. Giroux’s application for the homologation of the arbitration award. The Court of Appeal judge dismissed the application for leave to appeal because she was not satisfied that the matters at issue should be submitted to that court and because she was of the opinion that the proposed appeal was not in the best interests of justice and was not in line with the principle of proportionality. “The application for leave to appeal…is dismissed.”
Real Property: Arbitration; Option to Purchase; Lease
Hypertec Real Estate Inc. v. Equinix Canada Ltd., 2023 QCCA 60 (40649)
There is a publication ban in this case, certain information not available to the public, in the context of appeal of an arbitration matter involving an option to purchase and lease. “The application for leave to appeal…is dismissed. Kasirer J. took no part in the judgment.”
Real Property: Joint Tenancy
Don Marlen Sandwell v. Marleane Sayers also known as Marleane Maxwell, et al., 2023 BCCA 147 (40770)
Mr. Sandwell transferred a joint tenancy interest in his home to his daughter for no consideration. After the transfer, Mr. Sandwell sought to unwind the transfer and he brought an action claiming a resulting trust and an unconscionable procurement. He applied for summary judgment. The trial judge dismissed the action. The B.C.C.A. dismissed an appeal. “The application for leave to appeal…is dismissed.”
Securities: Professional Secrecy
Pierre v. Autorité des marchés financiers, 2023 QCCA 40 (40647)
As a result of an investigation into the activities of a company and the Applicant, Georges Jr. Pierre, the Respondent, Autorité des marchés financiers, brought 17 charges against Mr. Pierre for violation of the Securities Act. In the course of the proceedings, the Court of Québec dismissed the motion filed by Mr. Pierre to stay the proceedings on the basis of a breach of the right to professional secrecy having regard to the statement made by his lawyer in the context of the investigation. The Court of Québec found Mr. Pierre guilty of the 17 charges and ordered him to pay fines totaling $47,000 and to serve an intermittent 3-month prison sentence. The Superior Court dismissed the appeals 25 months after having heard the parties. The Qué. C.A. dismissed the motion for leave to appeal. “The application for leave to appeal…is dismissed with costs. Wagner C.J. took no part in the judgment.”