David Gibson Scott

The insurer appealed a trial judgment that awarded the insured household and attendant care expenses for a pre-judgment period, regardless of whether they were actually incurred.

The Court of Appeal found the trial judge erred by not applying the statutory definition of "incurred" under s. 3(7)(e) of the SABS-2010 and by misapprehending evidence regarding the insurer's delay in assessing benefits for the purpose of deeming expenses under s. 3(8).

The Court allowed the appeal, set aside the relevant parts of the trial judgment, and ordered a new trial on the issue of whether the insurer unreasonably withheld or delayed payments.

A young person was sentenced following a guilty plea to possession of an unloaded prohibited firearm (sawed-off shotgun) with readily accessible ammunition.

The offence was discovered during execution of a search warrant at the young person's residence.

The court found this to be an exceptional case under the Youth Criminal Justice Act, warranting a custodial disposition.

The court imposed a six-month Deferred Custody and Supervision Order followed by 16 months of probation, along with a ten-year weapons prohibition and a DNA order.

The sentence balanced the serious aggravating factors (possession of multiple types of ammunition, storage in a shared residence with the young person's mother) against significant mitigating factors (guilty plea, no prior record, unloaded firearm, constructive rather than actual possession, and strong rehabilitative potential).

A landscaping company was convicted of operating a pit without a licence under the Aggregate Resources Act after removing rocks and boulders from farmland to facilitate the construction of a fence.

The company appealed, arguing that the excavation was for the purpose of building a structure (a fence) and therefore fell within the statutory exemption.

The appellate court allowed the appeal and entered an acquittal, finding that the primary purpose of the excavation was to facilitate the building of a fence, which constitutes a structure within the meaning of the Act's exemption.