Recent judgments

These are the BC Provincial Court decisions posted online most recently. For additional decisions not listed here, please search the CanLII database.

CanLII

August 19, 2026

Hays v. Fenton

Keywords: Civil liability — Trespass to land — Tree cutting and topping — Whether claimant consented to cutting larger trees — Limited permission to top saplings near property line only — Recorded conversation and credibility assessment under Faryna v. Chorny — Trespass established against all defendants — Liability found
Civil liability — Trespass to land — Consent verification — Whether defendants reasonably relied on second-hand information from a co-defendant — Failure to email or telephone to confirm consent after passage of time — Unreasonable to proceed without first-hand consent — Unlicenced and uninsured cutter considered — Trespass established — Liability found
Civil liability — Damages — Compensatory damages — What reasonable economic damages flow from trespass and loss of shade — Shade structure, installation, air conditioning, reports, propane tank shelter — Reasonableness and fairness as between the parties, Kates v. Hall — Tree replacement refused — Damages awarded
Civil liability — Damages — Non-economic loss — Whether compensation for loss of amenity is warranted for loss of enjoyment of property — Discomfort from loss of shade, unsightliness, stress over slope stability — Authorities reviewed for tree cutting awards — Amount limited by Small Claims Court maximum — Damages awarded

August 12, 2026

C.J.S. v. B.M.B.

Keywords: Family — Parenting time — Interim orders — Family Law Act, s. 216(3) — Whether there was a material change in circumstances to vary exchange terms — New evidence concerning caregiver’s ability to transport child — Material change found based on changed circumstances affecting travel — Interim order varied
Family — Parenting time — Interim variation framework — Whether varying an interim order requires a full best interests analysis under Family Law Act, s. 37 — Focus on change or new evidence since interim order — Limited interim evidentiary record noted — Factors under Family Law Act, s. 216(4) applied — Application allowed
Family — Parenting time — Exchange location and time — What exchange location and meeting time should be ordered to address transportation burdens — Midway location selected near highway exit — Exchange time adjusted with liberty to vary by agreement — Parenting time frequency and duration unchanged — Order varied
Family — Parenting time — Child safety in exchanges — Whether taxi or Uber transportation is a viable option for an eight-year-old — Lack of evidence driver would wait and child would be attended — Concern about child being unattended in public place — Option rejected — Order varied

August 11, 2026

R. v. C.L.M.

Keywords: Criminal and statutory offences — Reasons for sentence — Publication of intimate image — Criminal Code, s. 162.1(1) — Guilty plea to knowingly publishing intimate videos without consent — Videos posted online, victim identifiable, threats and breach of trust — Victim Impact Statement, significant impact — Six months’ imprisonment and 18 months’ probation imposed
Criminal and statutory offences — Sentencing — Conditional sentence order — Criminal Code, s. 742.1 — Whether a conditional sentence order should be imposed — Preconditions considered, endangerment of the community and consistency with sentencing principles — Denunciation and deterrence treated as primary considerations for distribution of an intimate image — Conditional sentence order rejected — Custodial sentence imposed
Criminal and statutory offences — Sentencing principles — Aggravating and mitigating factors — Criminal Code, ss. 718, 718.1, 718.2 — How denunciation, deterrence, and proportionality apply — Aggravating factors include online posting, threats, planning, prior related record, and lasting victim impact — Mitigating factors include guilty plea, no breaches on release, remorse — Sentence fixed within provincial range — Jail and probation ordered
Criminal and statutory offences — Indigenous sentencing — Gladue considerations — Criminal Code, s. 718.2(e) — How Indigenous sentencing factors affect moral blameworthiness — Gladue Letter and reports describe disconnection, trauma, substance use history, mental health and instability — Reduced moral blameworthiness acknowledged and rehabilitation considered — Sentence reduced below Crown position while accounting for aggravating features — Probation length tempered
Criminal and statutory offences — Ancillary orders — Prohibition and forensic orders — Criminal Code, ss. 162.2, 487.051(3), 743.21(1), 490.012(3) — Whether ancillary orders should be made or declined — Internet and digital network prohibition ordered with exceptions — DNA order authorised, custodial no-contact endorsed — SOIRA order declined as no connection and grossly disproportionate — Ancillary orders made and SOIRA refused

August 10, 2026

R. v. Teal

Keywords: Criminal and statutory offences — Sentencing — Arson and assault simpliciter — Whether global custodial sentence should follow Crown or defence position — Mental health and substance use disorder attenuating moral culpability — Denunciation and deterrence given lesser role — Consecutive jail terms and probation ordered — Sentence imposed
Criminal and statutory offences — Sentencing — Arson (causing damage by fire) — What is a fit sentence where offender was “divorced from reality” — Psychiatric assessment, delusional beliefs, and no apparent motive — Range of sentences and comparator cases considered, including Laforge and Badhesa — Restraint and lengthy probation considered — Custodial sentence imposed
Criminal and statutory offences — Sentencing — Assault simpliciter — Whether consecutive sentence appropriate where bylaw officer feared for safety — Slingshot aimed but not loaded, victim agreed to be peace officer — Credit for pre-trial detention applied at 1.5 to one — Total remaining jail time calculated — Probationary period imposed — Consecutive sentence imposed

August 10, 2026

R. v. G.V.

Keywords: Criminal and statutory offences — Youth Criminal Justice Act — Sentencing — Sexual assault, sexual interference, assault with a weapon — Guilty pleas and publication bans under Youth Criminal Justice Act, ss. 110(1), 111(1) — Sentencing options under Youth Criminal Justice Act, s. 42(2) — Intensive Support and Supervision Program considered — Intensive Support and Supervision Program order imposed
Criminal and statutory offences — Youth sentencing — Custody and supervision — Youth Criminal Justice Act, ss. 38, 39 — Whether custody was the only reasonable option for serious sexual offences — Requirement to consider all reasonable alternatives and least restrictive sanction — Psychological assessment recommending against custody weighed — Custody found counterproductive to rehabilitation and public safety — Custody refused
Criminal and statutory offences — Sentencing — Sexual offences against children — R. v. Friesen, 2020 SCC 9 — Whether Friesen remains highly relevant in a youth sentencing — Friesen factors used to understand harm and proportionality — Reduced moral culpability of a young person considered in final result — Case placed at very high end on continuum — Friesen applied as instructive framework
Indigenous peoples — Gladue factors — Youth sentencing — Indigenous lineage and disconnection from community — Whether limited background information reduces weight of Indigeneity — Disconnection from roots recognised as adverse consequence of colonialism — Youth Criminal Justice Act requirement to pay particular attention to circumstances of Indigenous young persons — Gladue factors treated as important in least restrictive sanction — Non-custodial disposition preferred
Criminal and statutory offences — Youth Criminal Justice Act — Community-based dispositions — Intensive Support and Supervision Program — Whether a maximum two-year Intensive Support and Supervision Program order was appropriate — Full-Time Attendance Program relating to sexual offending recommended — Intensive Support and Supervision Program available despite variable housing and poor bail performance — Concurrent disposition for assault with a weapon — Intensive Support and Supervision Program order imposed concurrently for both files

August 4, 2026

R. v. Elkady

Keywords: Criminal and statutory offences — Sentencing — Attempted murder — Criminal Code, ss. 718.1, 718.2(b) — Established range of 7-12 years considered — Gravity of offence and degree of responsibility assessed — Victim Impact Statement and life-altering injuries weighed — Fit sentence within range disputed between Crown and defence — Sentence imposed
Health — Sentencing — Ill health in custody — Whether ill health justifies restraint in length of sentence — Dialysis, stroke, end stage renal failure, and wheelchair use described — Ability of correctional authorities to manage medical needs considered with Corrections and Conditional Release Act, ss. 85-87 — Compassion balanced with seriousness — Sentence imposed
Criminal and statutory offences — Sentencing — Remorse and rehabilitation — Whether lack of remorse can aggravate sentence — Externalization of blame and ongoing hostility toward victim assessed — Relevance to guarded rehabilitative prospects, specific deterrence, and public safety risk — R. v. May applied on calibrating sentence without punishing failure to express remorse — Sentence imposed
Health — Sentencing — Mental health — Whether mental illness mitigates moral culpability — Psychological Assessment finding no diagnosable psychiatric illness and no causal connection to offence — Narcissistic traits noted without psychosis or psychopathy — R. v. Badhesa and R. v. Milne cited on need for specific medical evidence — No diminished moral blameworthiness found — Sentence imposed

July 31, 2026

R. v. Doiron

Keywords: Criminal and statutory offences — Sentencing — Break and enter dwelling, robbery — Criminal Code, s. 348(1)(b) — What is a fit sentence for breaking and entering a dwelling and committing robbery — Denunciation and deterrence as paramount for home invasion type crimes — Weapon carried and used to control occupants considered — Four-year jail sentence imposed
Criminal and statutory offences — Sentencing ranges — Home invasion type break and enter — Whether sentence should break free from the five to nine-year range — R. v. Bernier, 2003 BCCA 135 — Ranges as suggestions not rules — Mitigating and aggravating factors assessed including weapon use and criminal record — Range departed from — Sentence fixed at four years imprisonment
Indigenous peoples — Gladue — Indigenous sentencing report — How Gladue considerations and rehabilitation affect proportionality and moral blameworthiness — Trauma, substance misuse history, and community supports considered — Post-offence sobriety and programming treated as mitigating — Least restrictive sanction considered — Conditional sentence declined — Custodial sentence confirmed
Procedure — Sentencing principles — Parity — Whether parity with a co-accused supports a similar sentence — Criminal Code, s. 718.2(b) — Similarities and differences analysed including leadership role, machete use, and extensive record — Moral blameworthiness found higher than co-accused — Parity argument rejected — Four-year sentence maintained

July 30, 2026

R. v. Couture

Keywords: Criminal and statutory offences — Sentencing — Assault, s. 266 — Whether denunciation and deterrence required custody — Intimate-partner relationship and complainant asleep or unconscious — Conduct described as degrading, humiliating, and unhygienic — Proportionality and restraint considered under the Criminal Code — Suspended sentence with probation imposed
Criminal and statutory offences — Sentencing — Aggravating factors — Application of s. 718.04 and s. 718.2(a)(ii) and (iii.1), Criminal Code — Vulnerable complainant unable to consent, resist, or protect herself — Intimate-partner violence and significant impact on victim identified — Initial deflection of blame treated as aggravating — Aggravating factors found
Criminal and statutory offences — Sentencing — Mitigating factors — Whether early guilty plea, remorse, no criminal record, and rehabilitation justified a non-custodial disposition — Counselling, sustained sobriety, and lifestyle changes accepted — Psychological assessment of low risk relied upon — Rehabilitation and restraint given significant weight — Suspended sentence confirmed
Procedure — Probation orders — Conditions — Whether 12-month probation terms were appropriate and proportionate — No contact and geographic restriction concerning complainant — Counselling and abstention from intoxicating substances — Apology as directed and community-work requirement with credit for counselling — Probation order made with conditions imposed

July 30, 2026

Jhajj v. Cobra Diesel Performance Ltd.

Keywords: Contracts — Service contract — Scope of work and consent — Oral contract for tune-up and diagnostic services — Whether consent to remove cylinder head included removal of other engine parts — Removal of cylinder head required removing many parts to troubleshoot oil contamination — Scope of work accepted as agreed — Claim dismissed
Civil liability — Negligence — Standard of care of mechanic — Whether diagnostic services fell below a reasonably prudent mechanic — Implied condition of good and workmanlike manner discussed — Evidence of diagnostic steps, coolant pressure test and findings of low liner heights — No breach of standard of care proven — Claim dismissed
Contracts — Fraud allegation — Consent and evidentiary burden — Whether fraud proven in dismantling engine and use of videos — Requirement for clear, convincing and cogent evidence — Consent to remove cylinder head found to include necessary removal of parts — Assertion videos were not of the truck rejected — Fraud not established — Claim dismissed
Contracts — Payment for services — Counterclaim and dishonoured cheque — Whether defendant entitled to unpaid diagnostic invoice after cancelled cheque — Clear bill for diagnostic work and cheque later cancelled without notice — Dishonoured cheque treated as separate cause of action — Court Order Interest Act applied for prejudgment interest — Counterclaim allowed

July 29, 2026

R. v. Rinke

Keywords: Criminal and statutory offences — Assault — Assault by choking, suffocating, or strangling — Criminal Code, s. 267(c) — Whether the Crown proved intentional, non-consensual choking on Count 1 — Credibility assessed under R. v. W.(D.) and R. v. C.W.H. — Text messages and photo of neck marks corroborating complainant — Guilty verdict entered
Criminal and statutory offences — Assault — Assault by choking, suffocating, or strangling — Criminal Code, s. 267(c) — Whether the Crown proved choking beyond a reasonable doubt on Count 2 — Physical evidence and police evidence corroborating complainant — Defence suggestion of self-inflicted injuries rejected as speculation — Guilty verdict entered
Criminal and statutory offences — Defences — Self-defence — Criminal Code, s. 34, R. v. Khill — Whether the accused acted for a defensive purpose on Count 1 — Admissions of losing temper and being “worked up” considered — Disproportionate force, hand around neck while pinning against doorframe — Self-defence disproven, conviction entered
Criminal and statutory offences — Defences — Self-defence — Criminal Code, s. 34 — Whether the act was reasonable in the circumstances on Count 2 — Accused found to be instigator, trying to seize phone and interrogate — Pinning with knees, choking, biting found profoundly unreasonable — Self-defence disproven beyond a reasonable doubt, conviction entered

July 27, 2026

T.O. v. R.L.

Keywords: Family — Child support — Imputed income — Federal Child Support Guidelines, ss. 19, 20 — Whether income should be imputed for intentional under-employment or alleged undisclosed income — Financial disclosure, bank deposits, business income, gifts and lifestyle evidence — No basis to impute income for 2023 to 2025, income imputed for 2026 — Child support ordered
Family — Child support — Non-resident payor income — Federal Child Support Guidelines, s. 3(b) — Determination of annual income as though resident of Canada — US employment income and unemployment insurance converted to Canadian dollars — Applicable British Columbia table used — Table amounts set by year with updated tables considered — Child support set and varied by year
Family — Child support — Special or extraordinary expenses — Federal Child Support Guidelines, s. 7 — Whether eyeglasses, counselling, orthodontics, and volleyball camps and tryouts qualify and are reasonable and necessary — Proportionate sharing based on parties’ incomes — Proof of payment and timing of reimbursement addressed — Expenses allowed — Proportionate contribution ordered
Procedure — Jurisdiction — Interjurisdictional support — Interjurisdictional Support Orders Act, s. 35 — Whether the Court may take jurisdiction where a party resides outside British Columbia — Parties’ consent to proceed in Provincial Court — Matter heard under the Family Law Act and Federal Child Support Guidelines — Jurisdiction accepted — Final support order made

July 23, 2026

Universe 786 Consulting Services Inc. v. Edwards

Keywords: Construction — Contract for services — Home improvement work — Whether installation completed in a good and workmanlike manner — Deficiencies in seams and small patches, including long narrow piece along fenceline — Damages assessed on cost of remedial work, best estimate applied — Balance owing reduced by remedial amount — Claim partly allowed
Contracts — Formation and breach — Offer and acceptance — Whether second quotation was a binding contract despite no signed copy — Acceptance by payment of deposit and commencement of work — Whether Defendant breached by putting a hold on final cheque — Substantial completion and remaining deficiencies considered — Balance owing determined — Judgment for claimant
Construction — Building contracts — Damages — Whether Defendant entitled to damages to remedy turf installation deficiencies — Taping and or gluing seams and remediation of long narrow piece and circle area — Principle that damages need not be assessed with certainty, best estimate made — Set off against contract balance — Damages awarded
Contracts — Additional work — Sprinkler repairs — Whether Claimant proved a separate contract for a fee for sprinkler work — Invoice issued later and backdated, no previous notice — Additional expenses clause considered but agreement for fee not proved — Claim for sprinkler invoice dismissed — Claim dismissed

July 22, 2026

R. v. Czernisz

Keywords: Criminal and statutory offences — Assault causing bodily harm — Identity — Beyond reasonable doubt — Whether the Crown proved the Accused was the assailant — Description of attacker not matching height or accent — Blood and hand injuries consistent with prior documented injury — Reasonable doubt on identity — Not guilty
Evidence — Identification evidence — Police procedure — One-person lineup — In-court identification — What weight should be given to a handcuffed suspect presented for “confirmation” — Police car identification inherently and profoundly suggestive — Identification entitled to very little weight — Identity evidence unreliable — Acquittal
Evidence — Witness credibility and reliability — Drug use — Memory and perception — Whether crack cocaine use and inconsistencies undermined identification — Internal contradictions on drug location and prior attendance — Evasive disclosure of drug use to police — Unreliable identification evidence on assailant — Reasonable doubt left — Not guilty
Criminal and statutory offences — Trial judge framework — R. v. W.(D.) — Reasonable doubt — Whether the Accused’s testimony raised a reasonable doubt — Corroboration from hospital records and photographs of hands — Crown case not proven on whole of evidence accepted — W.(D.) applied — Not guilty

July 22, 2026

C.B. v. D.A.B.

Keywords: Family — Parenting time enforcement — Denial of parenting time — Family Law Act, s. 61 — Has the applicant parent established a denial of parenting time under existing court orders — Onus on applicant parent, then onus shifts to offending parent — Non-compliance admitted and period of denial found — Wrongful denial found
Family — Denial not wrongful — Child’s refusal — Family Law Act, s. 62(1)(f) — Whether the child’s refusal to return was sufficient justification for denying parenting time — Genuine refusal assessed and parental authority to encourage compliance considered — Sustained efforts to persuade child required — Justification not established
Family — Remedies — Fine — Family Law Act, s. 61(2)(g) — What remedy is appropriate for wrongful denial of parenting time — Court discretion in selecting remedy and need for compliance with court orders — Compensatory time considered but enforcement concerns persisted — Fine ordered for child’s benefit
Procedure — Court powers — Variation on enforcement — Family Law Act, s. 47 — Whether the Court can vary the underlying parenting arrangement in an enforcement application — Enforcement not an opportunity to reopen and re-litigate existing orders — Authority to vary in this context described as unclear — No variation ordered, issue left unresolved

July 20, 2026

R. v. C.S.S.

Keywords: Criminal and statutory offences — Assault — Criminal Code, ss. 265 and 266 — Intentional non-consensual application of force — Whether the Crown proved assault beyond a reasonable doubt — Conflicting accounts of pushing, shoving, and “bear hug” restraint — W.(D.) framework applied to credibility findings — Acquittal on assault counts
Criminal and statutory offences — Assault by choking — Criminal Code, s. 267(c) — Choke, suffocate, or strangle — Whether complainant was choked during an assault — Evidence of neck mark and breathing impact assessed — Photograph printout without timestamp and limited corroboration considered — Crown not proving choking beyond a reasonable doubt — Acquittal on choking counts
Criminal and statutory offences — Defences — Self-defence and defence of another — Criminal Code, s. 34(1) — Whether “bear hug” was committed to defend accused or child — Catalyst, motive, and response analysis from Khill — Reasonableness factors in s. 34(2) weighed — Crown not disproving self-defence beyond a reasonable doubt — Acquittal
Evidence — Credibility and reliability — Reasonable doubt — W.(D.) — Whether the court can rely on complainant’s testimony with minimal corroboration — Photograph printout, absence of collateral witnesses, and internal consistency assessed — Plausibility and “balance” considerations applied — Reasonable doubt arising from conflicting testimony — Accused acquitted

July 16, 2026

Hills v. Prasad

Keywords: Wills and estates — Real property — Family law — Law profession — Negligence

July 14, 2026

Y.C.M. v. W.L.H.

Keywords: Family law — Children — Maintenance — Arrears — Cancellation

July 13, 2026

R. c. Bergin

Keywords: Détermination de la peine — infractions routières — conduite dangereuse causant des lésions corporelles — peine avec sursis

July 10, 2026

Khosa v. Inland Truck & Equipment Ltd.

Keywords: Commercial law — Practice — Small claims proceedings