Landlord & Tenant: Overturning Finding of an Oral Lease
In this case, the Court of Appeal found palpable and overriding errors in the Chambers Judge’s assessment of the evidence leading to his conclusion that an oral lease had been formed.
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Consent Is Not Jurisdiction: BCCA Confirms Narrow Path for Arbitration Appeals
NHA takes the position that refusing the vaccine frustrates the contract; the Respondent is “required to obtain vaccination” in accordance with an order issued by the Provincial Health Officer.
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Municipal Law: Permission to Appeal Development Board Decision
It remains to be seen what the C.A. will determine regarding the interpretation of the Bylaw, with potential implications for those seeking to add “secondary suites” to townhouses in the City of Calgary – and elsewhere in Alberta, depending on the relevant bylaw.
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Negligence Law: No Relief Under “Agony of the Moment” Doctrine
In this case, the Court of Appeal again found no error in the Trial Judge’s finding that the pick-up driver’s negligence was not a factual cause of the collision.
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Labour Law: Exclusive Jurisdiction Over Union Discipline Dispute
Does the Court of King’s Bench or the Board have jurisdiction over a dispute about internal union discipline allegedly applied in a “discriminatory manner”, contrary to s. 152(1)(b) of the Labour Relations Code, RSA 2000, c L-1.?
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Criminal Law: New Trial Ordered Over Flight Evidence and Right to Counsel
The C.A. affirmed its decision in McGowan-Morris rights are not suspended during CCA searches), and found it was a “wrong decision on a question of law” to not find a breach of s. 10(b) in the circumstances.
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