Unnamed expert

The appellants appealed a summary judgment requiring them to pay damages to the respondent, Rosehaven Homes Limited, for failing to complete an agreement of purchase and sale for a new home.

The appeal focused on the motion judge's admission and reliance on Rosehaven's expert report concerning property valuation and Rosehaven's mitigation efforts.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's decision to admit and rely on the expert report, noting it was verified by affidavit and the appellants did not object or provide competing admissible evidence.

The court also found no palpable and overriding errors in the assessment of Rosehaven's mitigation efforts or the quantification of damages.

The appellants appealed the dismissal of their application for damages arising from the respondent's refusal to honour the exercise of stock options.

The options were granted under a consulting agreement with a two-year term but specified a five-year exercise period.

The respondent argued the options expired six months after the consulting agreement ended, relying on an incorporated stock option plan.

The Court of Appeal allowed the appeal, finding the application judge erred in contractual interpretation.

The specific five-year exercise period in the grant took priority over the general termination provision in the incorporated plan.

Damages were awarded to the appellants in the amount of $2,820,000.

This application concerned claims of oppression and declaratory relief brought by 37 townhouse unit owners against their condominium corporation.

The applicants alleged unfair treatment by a high-rise dominated Board of Directors, specifically regarding charges for interlock paving/steps, retroactive water charges, maintenance/landscaping/snow removal, and amenities, as well as inadequate notice practices.

The court found that the Corporation was responsible for the costs of interlock repairs and retroactive water charges due to lack of proper notice and inconsistent application of the Declaration.

It also declared the Corporation responsible for landscaping and snow removal for townhouse verandas and steps.

While the charge for amenities was deemed valid, the court urged regularization by bylaw and emphasized the need for proper notice delivery methods.

The court found the Board's management to be poor and unprofessional but ultimately concluded that their actions, while close to oppression, did not meet the legal threshold for an oppression remedy.

The appellant, convicted of second-degree murder, appealed on the ground that the trial judge erred by allowing expert evidence regarding security video footage to go beyond permissible opinion, thereby usurping the jury's function.

The expert provided narrative testimony interpreting the video, which the appellant argued undermined his claims of self-defence and lack of mens rea.

The Court of Appeal held that the trial judge properly exercised his gatekeeper function, limiting the expert to his area of expertise, and provided sufficient cautions to the jury, reminding them of their ultimate responsibility to interpret the video evidence.

The appeal was dismissed.

Antony Black was charged with drug-related offenses, obstruction, and probation breach.

He sought to exclude drug evidence obtained via a strip search, alleging Charter violations (ss. 7, 8, 10(b), 12) during his arrest and search.

The court found a s. 10(b) violation for delayed right to counsel and a s. 8 violation for an unlawful vehicle search.

However, it determined there was no sufficient causal, contextual, or temporal connection between these violations and the drug evidence from the strip search to engage s. 24(2) of the Charter.

Even if engaged, the violations were minor or remedied by the Crown not relying on the vehicle search evidence.

The strip search itself was found to be lawful and conducted reasonably despite the use of force due to the accused's resistance.

Consequently, the drug evidence was admissible, and the accused was found guilty of all charges.

The appellant appealed his convictions for sexual assault with a weapon, uttering threats, and sexual interference.

The trial judge found that the appellant had sexually assaulted a 15-year-old complainant at a property he owned, holding a knife to her throat and forcing her to perform fellatio.

The appellant's defence relied on a medical condition affecting his genitals and a theory of innocent secondary transfer of semen.

The Court of Appeal upheld the convictions, finding no errors in the trial judge's assessment of credibility, treatment of DNA evidence, or application of the collateral fact rule.

On appeal from a trial judgment, the appellant House challenged the trial judge's findings regarding municipal liability for winter road maintenance, apportionment of fault, and the discount rate applied to damages.

The trial judge found that the Township of Wilmot was not liable for the accident despite unanticipated ice formation on Huron Road, as the municipality met its statutory defences under the Municipal Act.

The trial judge apportioned fault equally (50/50) between House as driver and Baird as vehicle owner, whose defective tires contributed to the loss of control.

The Court of Appeal dismissed House's appeal on all three issues and also dismissed Baird's cross-appeal regarding costs.

The accused was convicted of possession of heroin for the purpose of trafficking after pleading guilty to simple possession.

The accused, an addict, possessed 1103 'hits' of heroin, an amount exceeding personal use, and trafficked to his girlfriend.

Considering his extensive criminal record and the paramount principle of general deterrence for heroin trafficking, the court sentenced the accused to 3.5 years in a penitentiary, along with a lifetime weapons prohibition and a DNA order.

The defendant property owner brought a motion for summary judgment dismissing an action alleging occupiers’ liability following injuries sustained during a horse‑handling incident on a hobby farm.

The plaintiff alleged that the occupier negligently maintained fencing and gating which allegedly contributed to a horse-related accident.

The court held that the plaintiff failed to identify any act or omission by the occupier that breached the statutory duty under the Occupier’s Liability Act or the Negligence Act.

The evidence showed the fencing and gate were common and properly installed, and the alleged incident arose from the actions of the participants rather than any unsafe condition of the premises.

As no genuine issue requiring a trial was established, summary judgment dismissing the claim against the occupier was granted.

The appellants appealed a trial judge's decision to accept expert opinion evidence on Manitoba law, which concluded their claim was barred by a Manitoba Act.

The Court of Appeal dismissed the appeal, finding it was open to the trial judge to accept the unqualified and unopposed expert opinion.