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Summaries Sunday

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries are in Search and seizure, Landlord and tenant, Criminal seduction, Matrimonial property & Hearsay:

R. v. Mooswa (J.) 2012 SKQB 402
Civil Rights – Property – Search and seizure – Unreasonable search and seizure defined

The accused was charged with possession of cocaine for the purpose of trafficking. A voir dire was held to determine the admissibility of evidence garnered through a search of a vehicle that had been rented by the accused. The accused argued that the search was illegal in breach of s. 8 of the Charter. The accused also sought a stay due to non-disclosure and destruction of evidence, …

Menke Holdings Ltd. v. McCrea et al. 2012 SKQB 408
Landlord and Tenant – The lease – Statutory terms – Contracting out of

A landlord appealed a decision of a hearing officer made under the Residential Tenancies Act, which apportioned the security deposit of $975 between the tenant ($775) and the landlord ($200). The landlord argued that the hearing officer failed to give effect to the written agreement by the tenant that the landlord was entitled to retain the security deposit by s. 32(4) of the Residential Tenancies Act, and erred …

R. v. Fones (D.R.) 2012 MBCA 110
Criminal Law – Sexual offences – Particular offences – Seduction

The accused pled guilty to two counts of seduction (Criminal Code, R.S.C. 1970, c. C-34, s. 151). The victims were sisters (S.B and K.B.). The offences took place in the 1970s when the accused was in his mid 30s. In 2011, the accused was sentenced to two years’ imprisonment for the count pertaining to K.B. and 12 months consecutive for the count pertaining to S.B. The accused appealed the sentence, arguing, …

Dembeck v. Wright 2012 ONCA 852
Family Law – Husband and wife – Marital property – Distribution orders – Particular property – Severance or retirement allowance

Spouses separated in 2007. The trial judge dealt with various property and support issues. The wife appealed the trial judge’s (1) treatment of the husband’s property interests at the date of marriage; (2) determination of the value of her business; and (3) determination of the value of the household items. The wife also challenged the amount of income the trial judge …

Brisco Estate v. Canadian Premier Life Insurance Co. et al. 2012 ONCA 854
Evidence – Hearsay rule – Hearsay rule exceptions and exclusions – Statements of deceased persons – State of mind

Brisco died in an airplane crash in 2004. Canadian Premium Life Insurance Co. contended that in an August 25, 1998 telephone conversation, Brisco had cancelled an insurance policy that paid $1,000,000 if he died in a common carrier accident. The plaintiffs (Brisco’s brother/executor and children) contended that Canadian Premium cancelled the policy by mistake and that Brisco intended to cancel a hospital …

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