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Summaries Sunday: Maritime Law Book

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 concern:
Mens rea / Criminal law forfeiture / Company windup and pensions / Direction to jury:

R. v. O’Brien (K.J.) 2013 SCC 2
Criminal Law - Threats – Intention or mens rea
The accused, while incarcerated, placed two calls to his ex-girlfriend, who advised that she was pregnant with his child and was going to have an abortion. The ex-girlfriend taunted the accused. The accused responded by telling the ex-girlfriend that he was going to kill her by shooting her in the head when he got out in a couple of months. Institution officials filed a complaint with police. The ex-girlfriend refused to give …

R. v. Manning (A.) 2013 SCC 1
Criminal Law - Punishments (sentence) – Forfeiture orders – Offence-related property
An accused pleaded guilty to impaired driving. The Crown sought forfeiture of the accused’s motor vehicle. Section 490.41 of the Criminal Code permitted a trial judge to not order forfeiture where forfeiture would be disproportionate to the nature and gravity of the offence, the circumstances of the offence and the accused’s criminal record, if any. The trial judge, in declining to order forfeiture, held that in applying s. 490.41 he …

Indalex Ltd. et al., Re 2013 SCC 6
Master and Servant - Remuneration – Pension or retirement benefits – Deemed trust on windup
Indalex Limited was the sponsor and administrator of two pension plans (the executive plan and the salaried plan). Members of the salaried plan included seven employees for whom the United Steelworkers (USW) acted as bargaining agent. Indalex obtained protection under the Companies’ Creditors Arrangement Act (CCAA). At the time, both plans were underfunded and the salaried plan was in the process of being wound up. A …

R. v. H.P.S. 2013 SCC 4
Criminal Law - Procedure – Charge or directions – Jury or judge alone – Direction regarding burden of proof and reasonable doubt
The accused was convicted of a variety of charges involving physical and sexual abuse against his step-daughter/niece that occurred between 1980 and 1984, when the stepdaughter was between eight and 12 or 13 years old. He was also convicted of additional counts of sexual assault and assault on the step-daughter that occurred in 1989. The Crown’s case consisted entirely …

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