Sharon Leanna Carleton White

The accused was tried for two counts of first-degree murder in the stabbing deaths of his wife and mother-in-law.

The Crown argued for constructive first-degree murder on the basis that the killings occurred during a forcible confinement.

The accused conceded he killed the victims but argued he lacked the requisite intent due to intoxication and denied forcible confinement.

The court rejected the intoxication defence, finding the accused had the intent to murder based on his actions, the extent of the injuries, and his post-offence conduct.

The court also found that the accused forcibly confined the victims by dragging them from an upstairs bedroom to the kitchen where the fatal wounds were inflicted.

The accused was found guilty of two counts of first-degree murder.

The moving parties sought leave to appeal a CCAA judge's decision dismissing their motion to reinstate other post-employment benefits (OPEBs) to retirees of U.S. Steel Canada Inc. The CCAA judge had dismissed the motion but ordered a one-time payment of $2.7 million towards benefits.

The Court of Appeal applied the stringent test for leave to appeal in CCAA proceedings and found no prima facie merit to the appeal.

The court emphasized the broad discretion of the CCAA judge and the fact-specific nature of the decision, which did not raise issues of significance to insolvency practice.

Leave to appeal was denied with costs fixed at $2,500.

In the CCAA proceedings of U.S. Steel Canada Inc., the applicant sought an order declaring Bedrock Industries Canada LLC as the Successful Bidder under a sales and investment solicitation process.

The applicant also sought authorization to enter into a Plan Sponsor Agreement and a support agreement with the Province of Ontario.

Several parties, including a union local, the City of Hamilton, and individual retirees, objected to the motion, raising concerns about pensions, taxes, and the fairness of the proposed transaction.

The court granted the requested relief, finding that the proposed transaction was the best available option, the agreements were necessary to facilitate the restructuring, and the rights of the objecting parties to vote on or oppose the ultimate plan of arrangement were preserved.

The applicant, U.S. Steel Canada Inc. (USSC), sought approval for a second key employee retention plan (KERP 2), while a group of unions and representative counsel (Moving Parties) sought an order to terminate the suspension of other post-employment benefits (OPEBs).

The court granted the KERP 2 motion, finding it fair and reasonable for business stability and restructuring efforts.

The OPEB motion was denied, as the court found no fundamental improvement in USSC's profitability to warrant OPEB reinstatement, and that USSC's proposed one-time contribution of $2.7 million to a transition fund for retired employees appropriately balanced competing interests during the ongoing sales and investor solicitation process (SISP).

The applicant filed an application alleging discrimination with respect to employment because of disability and reprisal.

On the request of both parties, the application was withdrawn with prejudice and the Tribunal's file was closed pursuant to section 45.9(2) of the Human Rights Code.

The moving parties, two directors who were removed from the board of a company undergoing restructuring under the Companies' Creditors Arrangement Act, sought an order expediting the hearing of their motion for leave to appeal the removal order.

The court granted the motion to expedite, finding that the fast-moving and unpredictable nature of CCAA proceedings required a generous view of urgency to provide the board with certainty regarding its composition during a critical phase of restructuring.

The applicant union applied for certification of a bargaining unit of seasonal employees at the respondent's canning operation.

The respondent argued that the number of employees at the time of the application was not representative of the peak seasonal workforce and requested a representation vote based on the 'build-up' principle.

The Board held that the employees present at the time of the application were representative of the employment environment, which was characterized by short-term employment relationships similar to the construction industry.

The Board declined to order a representation vote and granted the certificate.

Board Member Gallivan dissented, arguing that the build-up principle should apply to seasonal employment outside the construction industry.