Eduardo Chee-Cheung Fernandes Lam

The defendant, Nuruddin Janmohamed, brought a motion to strike the plaintiff's claim for misrepresentation or, alternatively, for summary judgment, arguing lack of standing, no misrepresentation, no damages, and that the claim was statute-barred.

The plaintiff, Mahamud Husein, alleged misrepresentation regarding an insurance policy's premium increases.

The court dismissed both motions, finding the claim disclosed a cause of action for negligent misrepresentation and that genuine issues requiring a trial existed, particularly concerning the alleged misrepresentations, reliance, and damages.

The limitation period argument was also dismissed.

The Crown brought a certiorari application seeking to quash a preliminary inquiry judge’s decision discharging the accused on first degree murder and committing them only on second degree murder following the death of a child.

The Crown argued the preliminary inquiry judge failed to consider the whole of the evidence when assessing whether there was some evidence of planned and deliberate murder or murder while committing forcible confinement under ss. 231(2) and 231(5) of the Criminal Code.

The Superior Court held that the preliminary inquiry judge had reviewed the relevant evidence and determined that the circumstantial evidence did not permit a reasonable inference of planning, deliberation, or forcible confinement forming part of the same transaction as the killing.

Errors relating to the sufficiency of the evidence, even if wrong, are within the preliminary inquiry judge’s jurisdiction and do not justify certiorari.

The court found no jurisdictional error.