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By dicta
The podcast currently has 416 episodes available.
To support us, please follow us wherever you're listening and visit our website to provide feedback.
To support us, please follow us wherever you're listening and visit our website to provide feedback.
Firearms: Sentencing; Mandatory Minimum.
Supreme Advocacy's Court of Appeal Decision of the Week Blog is available on their website.
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Short-term rentals in BC, "microscopic" decisions.
(00:00:45) The Office of the Information and Privacy Commissioner for British Columbia v Airbnb Ireland UC, 2024 BCCA 333 (September 25, 2024)
(00:04:24) Beniuk v Alberta (Director of Safe Roads), 2024 ABKB 567 (September 25, 2024)
(00:07:50) Nijjar v Canada (Citizenship and Immigration), 2024 FC 1501 (September 24, 2024)
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Agreements of Purchase and Sale: Termination for Work Permit; Return of Deposit.
Supreme Advocacy's Court of Appeal Decision of the Week Blog is available on their website.
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Contract law — Real property — Agreement of purchase and sale
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Criminal law — Evidence — Admissibility — Hearsay
(00:00:31) Facts and Procedural History
(00:02:46) Disposition
(00:02:55) Per Karakatsanis, Martin, Jamal and Moreau JJ.
(00:08:04) Per Côté, Rowe and Kasirer (dissenting)
(00:10:46) Reasons for Judgment: Moreau J. (Karakatsanis, Martin and Jamal JJ. concurring)
(00:10:56) I. Overview – 1
(00:13:21) II. Facts – 6
(00:18:03) III. Decisions of the Courts Below – 18
(00:18:06) A. Court of Québec (Judge Dupras) – 18
(00:18:09) (1) Voir Dire Ruling – 18
(00:20:37) (2) Decision as to Guilt – 23
(00:22:19) B. Quebec Court of Appeal, 2022 QCCA 1013, 82 C.R. (7th) 373 – 27
(00:22:55) (1) Bachand J.A., Dissenting – 28
(00:25:16) (2) Doyon and Cournoyer JJ.A. – 33
(00:28:06) IV. Issues – 39
(00:28:33) V. Analysis – 41
(00:28:35) A. Standard of Review – 41
(00:29:27) B. General Principles Concerning the Admissibility of Hearsay Evidence – 43
(00:33:39) C. Use of the Search Results in the Threshold Reliability Analysis – 49
(00:44:05) D. Threshold Reliability – 64
(00:51:32) E. Use of the Complainant’s Testimony in the Threshold Reliability Analysis – 76
(00:54:03) VI. Conclusion – 80
(00:54:10) Joint Dissenting Reasons: Côté and Kasirer JJ. (Rowe J. concurring)
(00:54:21) I. Overview – 81
(00:56:46) II. Analysis – 85
(00:57:27) A. Consideration of the Search Results in the Assessment of Threshold Reliability – 87
(01:03:22) B. Consideration of Certain Circumstances in the Assessment of Threshold Reliability – 99
(01:08:05) C. Consideration of the Complainant’s Testimony at Trial, Which Was Not Produced on the Voir Dire – 106
(01:09:33) III. Conclusion – 109
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Criminal law — Evidence — Admissibility — Hearsay
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A development in study permits, and more.
(00:00:40) Arodu v Canada (Citizenship and Immigration), 2024 FC 1476 (September 19, 2024)
(00:04:02) Powell River Energy Inc. v British Columbia (Utilities Commission), 2024 BCCA 327
(00:06:53) International Longshore and Warehouse Union—Canada v British Columbia Maritime Employers Association, 2024 FCA 142 (September 13, 2024)
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Estates Litigation: Limitation Periods; Equitable Trust Claims.
Supreme Advocacy's Court of Appeal Decision of the Week Blog is available on their website.
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Civil procedure — Limitation periods
(00:00:43) I. OVERVIEW – 1
(00:01:47) II. BACKGROUND – 3
(00:08:57) III. ISSUES AND THE PARTIES’ POSITIONS – 14
(00:10:50) IV. ANALYSIS – 16
(00:10:52) (i) Standard of Review – 16
(00:11:17) (ii) Which limitation period applies to the respondent’s equitable trust claim? – 17
(00:11:22) (a) Threshold assumptions – 17
(00:11:57) (b) Correct analytical approach – 18
(00:14:54) (c) Legislative history and purpose of the two-year limitation period under s. 38(3) of the Trustee Act and judicial treatment of claims against estates – 23
(00:28:53) (d) Does the respondent’s equitable trust claim fall within s. 38(2) of the Trustee Act? – 46
(00:33:21) (e) Does the respondent’s equitable trust claim also fall under s. 4 of the RPLA? – 53
(00:40:51) (f) Conclusion – 66
(00:42:13) V. DISPOSITION – 67
The podcast currently has 416 episodes available.