McLean

The plaintiff, a national human resources association, brought a motion for summary judgment against the defendant, a provincial association that withdrew its membership, for unpaid membership levies and exam fees.

The defendant admitted the exam fees but disputed the membership levies, arguing the budget was improperly passed, and claimed a set-off for its share of the plaintiff's accumulated Members' Equity.

The court found the levies were lawfully passed but reduced the amount by 30% based on actual corporate needs.

The court dismissed the defendant's claim for set-off, finding that neither legal nor equitable set-off applied because the plaintiff's Board of Directors had not taken action to allocate or distribute the Members' Equity.

The Crown applied to have the offender declared a dangerous offender following his conviction for sexual assault of a minor.

The offender had a lengthy history of sexual and violent offences and was diagnosed with paraphilia and intellectual disability.

The court found that the offender met the criteria for a dangerous offender and concluded there was no reasonable expectation that a lesser measure, such as a determinate sentence with long-term supervision, would adequately protect the public.

The offender was sentenced to an indeterminate period of detention in a penitentiary.

The plaintiff insurer made payments to its insured for property damage and to a third party for bodily injuries following a motorcycle collision.

The insurer then sued its insured to recover both payments, alleging a breach of the insurance policy.

The insured brought a motion to strike the claim regarding the third-party payment.

The court granted the motion, finding that under the Insurance Act, an insurer cannot sue its insured for reimbursement of a third-party settlement without a prior judgment against the insured, an express reimbursement agreement, or an assignment of the third party's cause of action.