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@bccourtofappeal

Official Bluesky of the BC Court of Appeal. Posts and reposts are for information only & are not intended as endorsements. Terms of use: https://shorturl.at/oQzY5

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Latest posts by BC Court of Appeal @bccourtofappeal

The Court found the trial judge erred by holding that the appellants’ reliance on a police investigation alone was insufficient, and that they waited too long to take their own steps in identifying the driver (2/2).

11.03.2026 15:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court allowed an appeal from the dismissal of a claim against ICBC involving an accident caused by the driver of a stolen vehicle as permitted by the Insurance (Vehicle) Act (1/2): 2026 BCCA 81 Fearon v. Insurance Corporation of British Columbia

11.03.2026 15:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the appellants failed to establish any error in law, principle, or misconception of the facts in the order under review (2/2).

10.03.2026 15:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an application to vary the order of a chambers judge dismissing their application to stay a tree removal project in Stanley Park pending the outcome of their appeal (1/2): 2026 BCCA 85 Stanley Park Preservation Society v. Vancouver Board of Parks and Recreation

10.03.2026 15:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the summary conviction appeal judge did not err law in holding sections of the Acts do not require the Crown to prove the appellant knew of the circumstances surrounding the company’s commission of the charged offences (2/2).

09.03.2026 15:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed the appeal of a director and officer of a company that committed certain regulatory offences under the Environmental Management Act and Fisheries Act (1/2): 2026 BCCA 75 R. v. Mossman

09.03.2026 15:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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The Court granted leave but dismissed an appeal from a sentence for 24 counts of breach of probation after the appellant repeatedly contacted a person with whom he previously had a romantic relationship; the appellant demonstrated no error in principle: 2026 BCCA 79 R. v. Kleiman

06.03.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court allowed an appeal, set aside a conviction and ordered a new trial on the basis that the jury instructions left it open to the jury to find the appellant guilty on a standard less onerous than proof beyond a reasonable doubt: 2026 BCCA 69 R. v. Hawco

05.03.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The Court found the appellants did not establish reversible error in the denial of leave (2/2).

04.03.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an application for review of a decision denying leave to appeal a Supreme Court Order that dismissed a de novo appeal from a refusal to direct a defendant to answer certain questions and produce certain documents (1/2): 2026 BCCA 71 Liu v. Borden Ladner Gervais LLP

04.03.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The chambers judge denied leave because the appellant did not identify a question of law arising from the award or meet the requirements of leave under the Arbitration Act (2/2).

03.03.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an application to vary a decision refusing leave to appeal an arbitral award (1/2): 2026 BCCA 78 Seylynn (North Shore) Development Limited Partnership v. Seylynn (North Shore) MP Ltd.

03.03.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the chambers judge erred in finding no abuse of process and made reversible errors in the alternative exercise of discretion to not apply the abuse of process doctrine (2/2).

02.03.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court allowed an appeal from a decision regarding the validity of a restrictive covenant registered against residential strata lots in a building operated as a resort hotel (1/2): www.bccourts.ca/jdb-txt/ca/2...

02.03.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the judge sufficiently considered the collateral consequences but concluded the gravity of the offences, the appellant’s high moral culpability, and the limited information about rehabilitation left her unable to mitigate the consequences (2/2).

27.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an appeal of a sentence of 774 days for firearms offences under the Criminal Code and consecutive sentences of an additional 90 days for threatening offences (1/2): 2026 BCCA 64 R. v. Farac

27.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the appellant was unable to show the chambers judge was wrong in law or misapprehended the facts (2/2).

26.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an application to vary or set aside an order dismissing an application for an extension of time to file a notice of appeal, appeal record, transcripts and factum, and dismissing the appeal as abandoned (1/2): 2026 BCCA 73 Jones v. Bottom

26.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the judge made two legal errors by applying the wrong legal principles to his interpretation of the contract and in assuming the duty of good faith in this context favoured a standard of objective reasonableness (2/2).

25.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court allowed an appeal and ordered a new trial in the aborted sale of a property when the sellers failed to provide the buyer with an unconditional occupancy certificate or sufficient evidence that construction was finished (1/2): 2026 BCCA 63 Dhanesar v. Pandher

25.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

A formal ceremony to welcome Justice Michael J. Brundrett and Justice Amy D. Francis to the Court of Appeal for British Columbia and the Court of Appeal of Yukon will be held Wednesday, February 25, 2026 at 4:15pm in Courtroom 60 of the Vancouver Law Courts.

25.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The Court found the Protection of Information and Privacy Act is constitutionally applicable to the appellant because there is a real and substantial connection between its online activities and the province (2/2).

24.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an appeal from a judicial review of a BC Information and Privacy Commission decision that the appellant contravened privacy legislation by collecting facial data without consent (1/2): 2026 BCCA 67 Clearview AI Inc. v. British Columbia (Information and Privacy Commissioner)

24.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

A formal ceremony to welcome Justice Michael J. Brundrett and Justice Amy D. Francis to the Court of Appeal for British Columbia and the Court of Appeal of Yukon will be held Wednesday, February 25, 2026 at 4:15pm in Courtroom 60 of the Vancouver Law Courts.

24.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The judge found the proposed appeal did not raise legal issues extending beyond the case and that there was no reasonable prospect of success (2/2).

23.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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A judge dismissed an application for leave to appeal an order for costs made in the context of an action against a solicitor wherein the successful party at trial was deprived of his costs because he rejected a formal settlement offer from the other side (1/2): 2026 BCCA 68 Proudfoot v. Bryant

23.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the appellant engaged in litigation misconduct in the course of the appeal proceeding that included presenting an invalid affidavit as fresh evidence (2/2).

20.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court dismissed an appeal from the orders of a chambers judge on a petition brought by the respondent strata to enforce a lien for unpaid strata fees (1/2): 2026 BCCA 55 Zhang v. The Owners, Strata Plan BCS 4288

20.02.2026 16:30 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

The Court found the judge had no jurisdiction to reduce the reporting period from 20 years to 15 years or make it conditional on further applications. The cross appellant did not meet the criteria for an exemption under the Act or in any other way that impacted the outcome of the order (2/2).

19.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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The Court allowed a Crown appeal and dismissed a cross appeal from an order requiring the cross appellant to register pursuant to the Sex Offender Information Registration Act for a period of 15 years from the date of sentencing (1/2): 2026 BCCA 50 R. v. Humphreys

19.02.2026 16:31 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0