3 total
Appeal from a judgment for egregious trespass, punitive damages, and substantial indemnity costs dismissed.
The appellants appealed a trial judgment that found them liable for trespass, issued a mandatory order, awarded damages including punitive damages, refused to order partition, and awarded substantial indemnity costs.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's strong findings of fact or assessment of damages.
The court upheld the punitive damages due to the egregious nature of the trespass and affirmed the costs award.
Unanimous consent of members is not required for the merger of registered political parties.
The appellants, members of the Progressive Conservative Party of Canada, sought a declaration that the party could not merge with the Canadian Reform Conservative Alliance Party without the unanimous consent of all its members.
The application judge dismissed the application, finding that the Canada Elections Act governed the merger.
On appeal, the Court of Appeal upheld the decision, ruling that the common law requirement for unanimous consent in voluntary associations does not apply to registered political parties, which are governed by a sophisticated statutory regime.
Furthermore, the Canada Elections Act explicitly outlines the requirements for a merger, which do not include unanimous consent.
Leave to appeal conviction and sentence regarding zoning by-law and legal non-conforming use denied.
The moving party sought leave to appeal a conviction and sentence related to a zoning by-law and the use of land as a seasonal camp.
The Court of Appeal denied leave, finding that the lower court decisions did not alter the scope of legal non-conforming use under s. 34(9) of the Planning Act, did not use an unreasonably broad definition of 'building', and did not prevent the continuation of the land's use as a seasonal camp.
The applications for leave to appeal were dismissed.
