Marin Nati

The decision concerns the bail application of Matias Domingo Sanchez Nanuclef, who faces extradition to the United States for his alleged involvement in a $15 million jewellery store burglary in San Diego.

The court reviews the factual background, the legal onus for bail in extradition cases, and the proposed plan of release.

The application is denied on the primary, secondary, and tertiary grounds, with the court finding that the applicant is not ordinarily resident in Canada, poses a flight risk, and that detention is necessary to maintain confidence in the administration of justice.

The plaintiff brought an undefended action claiming the defendant, his sister-in-law, agreed to pay him proceeds from a life insurance policy on his late wife.

The court found the plaintiff failed to establish any consideration flowing to the defendant to support a binding contract, noting the payments made were equally consistent with a gift.

Despite the defendant being noted in default, the court held that deemed admissions apply only to facts, not conclusions of law.

The claim was dismissed.

The plaintiff brought an undefended trial claiming his sister-in-law agreed to transfer life insurance proceeds to him following his wife's death.

The court raised concerns about the lack of consideration for the alleged agreement, as the plaintiff admitted the defendant received nothing in exchange.

The court deferred its decision to allow the plaintiff's counsel to provide written submissions on the issue of consideration.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied income replacement benefits and medical benefits, arguing the applicant failed to attend a required section 44 insurer examination and that his injuries fell within the Minor Injury Guideline.

The Tribunal found the applicant was statute-barred under section 55(2) of the Schedule for failing to attend the scheduled ophthalmology examination.

In the alternative, the Tribunal found the applicant's injuries were predominantly minor, he had exhausted the Minor Injury Guideline limits, and he failed to establish a substantial inability to perform the essential tasks of his employment.