Moiz Baig

The applicant and respondent, former spouses, entered into an agreement for the applicant to purchase the respondent's home.

The applicant paid a deposit representing half the home's equity.

The transaction failed to close.

The applicant sought an order for the sale of the property under the Partition Act, claiming a one-half interest.

The court dismissed the application, finding that the applicant's interest was in the equity of the property, not an interest in the land itself, and he had no right to immediate possession.

Therefore, he did not qualify for an order of partition or sale.

An inmate brought an application for habeas corpus challenging the Correctional Service of Canada's decision to reclassify and transfer him from a medium security institution to a maximum security institution.

The inmate argued the decision lacked legislative authority under the Corrections and Conditional Release Act and violated s. 7 of the Charter as arbitrary and grossly disproportionate.

The court reviewed the administrative record and applied the reasonableness framework set out in Mission Institution v. Khela, emphasizing deference to prison authorities in matters affecting institutional security.

The court found the decision was justified by repeated inappropriate conduct toward correctional staff and aggressive behaviour during a segregation escort.

The transfer decision was held to fall within the range of acceptable outcomes supported by the evidence and governing legislation.