Doug Murray

The defendants brought motions for summary judgment to dismiss the plaintiff's putative class action regarding a leveraged charitable donation program, arguing the claim was statute-barred.

The plaintiff alleged he relied on the defendants' tax opinions to participate in the program, which the CRA later disallowed.

The court dismissed the motions, finding a genuine issue for trial regarding when the plaintiff discovered his claim, particularly given the ongoing solicitor-client relationship with the defendant law firm that was representing him against the CRA while potentially in a conflict of interest.

The young person appellant appealed his convictions for assault and assault causing bodily harm arising from two altercations with another youth on the same day.

The Court of Appeal quashed the simple assault conviction, finding the first incident was a consensual schoolyard scuffle and the resulting head injury was unintended.

The Court upheld the conviction for assault causing bodily harm for the second incident, as the appellant initiated the confrontation and the victim did not consent to fight.

However, the Court allowed the sentence appeal, replacing the suspended sentence with a conditional discharge and one month of probation, noting the appellant's good character and lack of criminal record.