Robert Guy Julien

The plaintiffs sought damages for negligence related to a soil bearing capacity report.

The defendants moved for summary judgment, arguing the claim was statute-barred under the Limitations Act, 2002.

The court found that the plaintiffs had discovered the material facts giving rise to their claim by October 2016, more than two years before commencing the action in January 2019.

The court rejected arguments that expert reports or ongoing discussions with the defendants and their insurer postponed the discoverability date, emphasizing that certainty of causation is not required and settlement negotiations do not extend limitation periods.

The motion for summary judgment was granted, and the action was dismissed as prescribed.

The offender was convicted of possession of a large quantity of marijuana for the purpose of trafficking after police discovered approximately 29 pounds in the trunk of his vehicle during a highway stop.

The defence sought a conditional sentence or, alternatively, an intermittent custodial sentence followed by probation, emphasizing the offender’s role as a single parent and the passage of time since prior offences.

The Crown sought a custodial sentence of 12–15 months given the offender’s prior trafficking convictions and the substantial value of the drugs.

The court held that denunciation and deterrence were the primary sentencing objectives and that a conditional sentence was inappropriate for a repeat offender involved with a large quantity of drugs.

A custodial sentence of nine months’ imprisonment followed by two years’ probation was imposed.