35563  Teal Cedar Products Ltd. v. The Queen  (Arbitration – Environmental law)

On appeal from the judgment of the Court of Appeal for British Columbia pronounced July 10, 2013.  The parties settled the applicant's compensation under the Forestry Revitalization Actfor the value of lost harvesting rights but did not agree on the final compensation for the value of the related improvements.  The dispute went to arbitration.  The arbitrator relied on expert evidence and chose a “cost savings approach” to valuation.  He awarded the applicant $5,150,000, plus compound interest, in addition to the $4 million the Province had already advanced to the applicant as compensation for the improvements.  The arbitrator denied compensation for improvements relating to one of the applicant's forest licences. The chambers judge granted the Province's application for leave to appeal the arbitrator's choice of valuation method, but dismissed the appeal on its merits.  He also granted the applicant's application for leave to appeal the denial of compensation for improvements associated with one of its forest licences and allowed the appeal on its merits, remitting the matter to the arbitrator.  Finally, he refused the Province's application for leave to appeal the award of interest.  The Court of Appeal, in a majority decision, allowed the Province’s appeal.

35484  Perreault v. The Queen  (Criminal law – Evidence – Application of principles from R. v. Hart)

On appeal from the judgment of the Court of Appeal for Quebec pronounced May 13, 2013.  The applicant met the victim on the Internet.  They agreed to meet at the applicant’s apartment.  The victim was never seen alive again after that meeting.  According to the applicant, she went to get cigarettes and never returned.  Since the applicant was the last person to have contact with the victim, the police had serious doubts about his responsibility, so they decided to use a special investigative technique by creating a fictitious criminal organization, which the applicant joined.  After gaining the applicant’s trust, the officers had him meet with the boss of the organization, to whom he admitted strangling the victim after she refused to have sex with him.  He provided many details about the events and revealed information that only the killer could know. The Quebec Superior Court convicted the applicant of first degree murder and the applicant’s appeal was dismissed.