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This week at the SCC

|Written By Heather Gardiner

The Supreme Court of Canada will hear the following appeals this week:

March 19 — Alberta — Hans Jason Eastgaard v. R.

Criminal law: Hans Jason Eastgaard was convicted of possessing a loaded handgun. The issue on appeal is whether the Crown proved Eastgaard knew that the handgun he abandoned was loaded.

March 20 — Ontario — Southcott Estates Inc. v. Toronto Catholic District School Board

Commercial law: The Toronto Catholic District School Board entered into an agreement of purchase and sale with Southcott Estates Inc. for the sale of 4.78 acres of surplus land for the use of residential development. The agreement was conditional upon the school board obtaining a severance from the committee of adjustments before the closing date. For various reasons, the closing date was not met. The school board denied Southcott’s request to extend the closing date, ended the transaction, and returned its deposit. Southcott sued the school board, accusing it of breaching its obligation to obtain the severance.

March 21 — British Columbia — John Virgil Punko v. R. and Randall Richard Potts v. R.

Criminal law: John Virgil Punko and Randall Richard Potts were charged with various offences under the Criminal Code and the Controlled Drugs and Substances Act. They were acquitted of criminal organization offences because it wasn’t proven that they were committed on behalf of the Hells Angels. The appeal revolves around the definition of a criminal organization and if the East End Charter of the Hells Angels can be categorized as such, and if the offences were committed for the benefit of the Hells Angels.

March 22 — British Columbia —

Frederick Moore on behalf of Jeffrey P. Moore v. R. in Right of the Province of British Columbia as represented by the Ministry of Education and Frederick Moore on behalf of Jeffrey P. Moore v. R. in Right of the Province of British Columbia as represented by the Ministry of Education

Charter of Rights and Freedoms: Frederick Moore filed two complaints where he accused the Board of Trustees School Division No. 44 and the Ministry of Education of individual and systemic discrimination for not accommodating his son’s dyslexia. The British Columbia Human Rights Tribunal found that the respondents failed to meet the needs of his son and other disabled students.

March 23 — Federal Court — R. v. John H. Craig

Taxation: Toronto lawyer John Craig owned a horse business. The minister did not allow the losses Craig deducted in 2000 and 2001 in respect of the business and restricted him to deductions of $8,750 a year for the horse business, in accordance with s. 31 of the Income Tax Act. The dispute was whether his law practice and horse business constituted his “chief source of income” because if so, the restrictions under s. 31 would not apply. After reassessing Craig’s income tax returns, the minister confirmed the initial assessment.

At 9:45 a.m. on March 22, the SCC will release its decisions on leaves to appeal in the following cases, including a complex series relating to copyright infringement around entertainment company Cinar Corp. and some of its executives:

1. Mark Bodenstein v. R. (Ont.) (Criminal)

2. Mark Bodenstein v. R. (Ont.) (Criminal)

3. Raymond Edward Yorke v. Georgina M.E. Yorke (N.B.) (Civil)

4. Achot Nersésian v. 9036-4167 Quebec Inc. (Que.) (Civil)

5. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. (N.B.) (Civil)

6. Théodore Lavoie v. Yves Lavoie (Que.) (Civil)

7. La Compagnie d’inspection et d’assurance chaudière et machinerie v. H.A. Simons Ltd. (Que.) (Civil)

8. Cinar Corp. v. Claude Robinson (Que.) (Civil)

9. Ronald A. Weinberg v. Les Productions Nilem Inc. (Que.) (Civil)

10. Christophe Izard v. Claude Robinson (Que.) (Civil)

11. Claude Robinson v. France Animation S.A. (Que.) (Civil)





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