37067 Zhao Hui Wang v. Jun Li - and - 6734995 Canada Inc., 6735011 Canada Inc.
Evidence – Civil procedure – Judicial admission
The respondent Mr. Li established the companies in question in 2007 with Ming Li. He owned 58% of the capital stock and Ming Li owned 42%. On March 28, 2010, Mr. Li acquired Ming Li’s shares for $399,000 and then sold the applicant, Mr. Wang, 55% of the companies’ shares for $660,000. An agreement signed the month before provided that Mr. Li was to serve as manager and business and operations officer and that Mr. Wang was the president and finance and accounting officer. The relationship between the two quickly deteriorated. On February 18, 2011, Mr. Li filed an oppression claim under s. 241 of the Canada Business Corporations Act, R.S.C. 1985, c. C‑44. He wanted Mr. Wang to redeem his shares for $560,000, and he sought about $880,000 in damages and lost wages. In a cross demand, Mr. Wang claimed $250,000 in moral damages. The Quebec Superior Court confirmed the Applicant’s offer to purchase shares. The Quebec Court of Appeal allowed the appeal.
36073 Robert Glen Harrison v. Her Majesty the Queen in Right of the Province of British Columbia, B.C. Minister of Attorney General, Karen Horsman
Charter of Rights – Judgments and orders – Summary judgments
In 2006, Mr. Harrison’s employment was terminated and his civil action for damages for defamation and malfeasance was dismissed by the British Columbia Court of Appeal in 2010. He brought a subsequent action against the respondents and their counsel in the previous action and sought to have the province’s submissions in that action amended or damages in lieu thereof, damages for the dismissal of his civil action, damages for the loss of his career and reputation, breach of s. 11(d) of the Charter and emotional distress. The respondents brought a motion for summary judgment. The Supreme Court of British Columbia struck the Applicant’s action. The Court of Appeal for British Columbia dismissed the Applicant’s appeal.
37027 WestJet v. Nicole Chabot, in her quality of tutor to her minor child N.C., Nicole Chabot
Civil procedure – Administrative law – Class action
Following a decision of the Canada Transportation Agency (“the Agency”) which established the “one person, one fare” policy for persons with disabilities and/or who are obese, the respondents, Nicole Chabot in her quality of tutor to her minor child and in her own personal capacity, were given the status of representative for a class action against the applicant WestJet. They sought reimbursement for additional charges paid because of the discriminatory practice and an order for moral and punitive damages.
WestJet filed a motion for declinatory exception in which it argued that the Superior Court was deprived of its jurisdiction by the Canada Transportation Act, SC 1996, c 10, which assigned it exclusively to the Agency. The Superior Court of Quebec dismissed the motion for declinatory exception. The Court of Appeal of Quebec dismissed the appeal.
37060 Krista Danielle Sargent v. Her Majesty the Queen
Criminal law – Sentencing – Considerations
The applicant entered the Edmonton Maximum Institution as a visitor. A narcotics sniffer dog approached her. The correctional officers conducted a strip search. Almost immediately the applicant told the officers that she had concealed drugs in her vagina. A subsequent search located a baggie containing four Tylenol-4 and three Tylenol-3 pills (both containing codeine) and four grams of marijuana. The institutional value of the drugs was approximately $1,950. During the search, and again to the investigating officers, the applicant stated that her boyfriend was an inmate at the institution and was pressuring her to smuggle in the drugs. It was not until April 2015 that the applicant changed her plea and entered two guilty pleas. The applicant had no prior criminal record. She was a nurse and had worked in that capacity at the Edmonton Remand Centre for at least two years but had quit that job shortly before May 25, 2013. The sentencing judge imposed an intermittent sentence of 90 days actual incarceration together with probation for a period of two years. A majority of the Court of Appeal allowed the appeal. A sentence of 12 months actual incarceration was imposed, less credit for the time actually served under the intermittent sentence. Berger J.A. would have dismissed the appeal.
36969 Hung Quoc Le v. Her Majesty the Queen
Criminal law – Defences – Entrapment
Mr. Le, applicant, was convicted of trafficking cocaine after he sold the drug to an undercover police officer. The officer called Mr. Le’s number and set up the transaction following a Crime Stopper’s tip indicating the number was that of a suspected dial-a-dope drug trafficker with a strong Asian accent. Following his conviction, Mr. Le sought a stay of proceedings on the basis of entrapment. The application was dismissed. The appeal was also dismissed.
37124 Amgen Canada Inc., Amgen Inc. v. Apotex Inc., Minister of Health
Intellectual property – Patents – Medicines
Amgen applied for an order under the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (“Regulations”) prohibiting the Minister of Health from issuing a notice of compliance to Apotex for its generic version of Amgen’s filgrastim pharmaceutical drug. The Federal Court dismissed this application and Amgen appealed that decision. Before the appeal could be heard, however, the Minister issued a notice of compliance to Apotex for its generic version of filgrastim. Apotex moved to dismiss the appeal on the ground that the subject-matter of the appeal was moot as there was no longer anything to prohibit. The Federal Court of Appeal dismissed the appeal.