J. Morton

The Crown appealed a sentence imposed after the respondent pleaded guilty to offences under ss. 153(a) and 153(c) of the Customs Act for falsely declaring imported goods and wilfully attempting to evade duties and taxes exceeding $20,000.

The sentencing judge had granted a conditional discharge with probation and community service.

The appeal court found the sentencing judge erred by concluding the respondent had not deliberately attempted to evade duties despite the guilty plea to a wilful offence.

While the judge properly considered civil penalties and immigration consequences, the deliberate nature of the offence made a conditional discharge contrary to the public interest.

The appeal court set aside the discharge and imposed fines while maintaining probation and community service.

The appellant challenged a trial judgment arising from an acrimonious neighbour dispute, arguing that the trial judge improperly inferred his responsibility for a threatening coyote carcass incident without direct evidence.

The Court of Appeal held that the inference was firmly grounded in the factual record, including the ongoing hostility, the prior confrontation, the absence of any other apparent motive, and evidence placing the appellant in position to observe the respondents' reaction.

Applying the deferential palpable and overriding error standard, the court declined to interfere with the trial judge's factual findings and credibility assessments.

The appeal was dismissed, and the respondents' trial success on their counterclaim remained undisturbed.

The appellant law firm appealed an order allowing the respondent client to assess a paid account.

The Court of Appeal dismissed the appeal, confirming that under s. 3 of the Solicitors Act, a client may apply for the assessment of a delivered account upon requisition from the registrar within 30 days of delivery, regardless of whether the account has been paid.

The court clarified that ss. 3 and 11 of the Act can both apply to paid accounts, with the 30-day period serving as the dividing line for when an assessment can be directed by the Registrar.