Pepall J.A.

The appellant appealed his conviction for first-degree murder in the strangulation death of his intimate partner.

The Court of Appeal found that the trial judge erred in leaving planned and deliberate murder with the jury, as there was no air of reality to the element of deliberation.

While there was an air of reality to constructive first-degree murder based on unlawful confinement, the Court found that the appellant received ineffective assistance of counsel.

Trial counsel's decision to call a forensic psychiatrist, whose evidence introduced highly prejudicial statements by the appellant about his intent to kill, fell below the standard of reasonableness and resulted in a miscarriage of justice.

The appeal was allowed and a new trial ordered.

The appellants appealed an order regarding disclosure and examination of garnishees.

The Court of Appeal dismissed the appeal for lack of jurisdiction, finding that the order under appeal was interlocutory rather than final, as it did not dispose of the appellants' rights on a final basis.

Costs of $8,500 were awarded to the garnishees on a partial indemnity basis.

The appellants appealed a trial judge's finding that they were engaged in a joint venture involving repeated and dangerous violations of the Highway Traffic Act.

The Court of Appeal dismissed the appeal, holding that the trial judge properly instructed herself on the law of joint venture tort liability and that her finding was reasonable on the evidence.

Costs of $15,000 were awarded to the respondent insurer.

The appellant, a court-appointed receiver, appealed a motion judge's decision refusing to approve the full amount of legal fees requested on behalf of its counsel.

The motion judge had reduced the fees, finding them disproportionate to the size and complexity of the receivership.

The Court of Appeal dismissed the appeal, holding that the court must ensure compensation is fair and reasonable, focusing on the value provided rather than just the mathematical calculation of hours multiplied by hourly rates.

The motion judge's assessment of the fees as excessive was upheld.

The appellant submitted the lowest bid for a highway widening project but failed to declare the value of imported steel, rendering the bid non-compliant.

The Ministry of Transportation investigated, deemed the bid non-compliant, and awarded the contract to the second-lowest bidder.

The appellant sued for lost profits.

The Court of Appeal held that while a Contract A arose upon submission of the bid, the Ministry acted reasonably in refusing to waive the non-compliance.

Furthermore, an exculpatory clause in the tender documents barred the appellant's claim for damages arising from the non-acceptance of its bid.

The appeal was dismissed.

The appellants appealed the motion judge's refusal to stay a partial summary judgment until all litigation between the parties was resolved.

The Court of Appeal held that the refusal to stay the judgment was an exercise of the motion judge's discretion and found no basis to interfere.

The appeal was dismissed with costs fixed at $7,500.