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:
Party to a crime / Crown duty to Métis / Bankruptcy / Automobile insurance / Injurious affection / Child welfare:
R. v. Wen (H.W.) 2012 BCCA 515
Criminal Law – Attempts, conspiracies, accessories and parties – Parties – Necessary intention or knowledge
The accused was convicted of kidnapping, unlawful confinement, and extortion. He was found to be a party to the offences committed by three co-accused who pled guilty. The accused appealed the convictions. The British Columbia Court of Appeal dismissed the appeal.
Manitoba Métis Federation Inc. v. Canada (Attorney General) 2013 SCC 14
Indians, Inuit and Métis – General – Duty owed to Métis by Crown (incl. fiduciary duties and honour of the Crown)
Manitoba entered Confederation on July 15, 1870, following the passage of the Manitoba Act, 1870. Section 31 of the Act provided for grants of land in Manitoba to Métis children. Section 32 of the Act contained quieting of title provisions to assure recognition of existing property rights. In 1981, the plaintiffs, the Manitoba Metis Federation Inc. (MMF) and 17 individuals . . .
Leroy (Ted) Trucking Ltd. (Bankrupt), Re 2012 BCCA 511
Bankruptcy – Creditors – General – Claims – General – Expungement or reduction of proof of claim
Ted LeRoy Trucking Ltd. made an assignment into bankruptcy. Under s. 81.3 of the Bankruptcy and Insolvency Act (BIA), employees of a bankrupt employer had security for wage claims up to $2,000 that ranked in priority against current assets above every other claim. Certain companies that provided benefits to employees (e.g., Blue Cross), sought to take advantage of the priority given employees under s . . .
Bruinsma v. Cresswell et al. 2013 ONCA 111
Insurance – Automobile insurance – Compulsory government schemes – Uninsured or underinsured motorist coverage – Exceptions and exclusions
A disqualified driver (plaintiff) was in an accident while driving his girlfriend’s vehicle (insured by CAA). The defendant’s vehicle, owned by his brother, was uninsured. The plaintiff sued the defendant driver, his brother and CAA (uninsured automobile coverage). CAA cross-claimed against the defendant and his brother. CAA argued that the plaintiff’s admitted breach of the policy precluded his uninsured automobile coverage claim. The . . .
Antrim Truck Centre Ltd. v. Ontario (Minister of Transportation) 2013 SCC 13
Expropriation – Right to compensation – Injurious affection – Where none of claimant’s land taken
A truck stop owner sued the Minister of Transportation for damages for injurious affection under the Expropriations Act as a result of the construction of Highway 417 which rerouted the Trans-Canada Highway and allegedly put the truck stop out of business. The Ontario Municipal Board (OMB) awarded $393,000 for injurious affection to the property. The Minister appealed, seeking dismissal of the truck stop owner’s claim. The . . .
Manager of Child, Youth and Family Services v. A.B. et al. 2013 NLTD(F) 1
Civil Rights – Security of the person – General – Custody and access (incl. child protection)
Child, Youth and Family Services applied for a continuous custody order respecting three children. The children’s parents applied to have a condition respecting access imposed on the continuous custody order. The parents claimed that s. 32(6)(a) of the Children and Youth Care Protection Act, which prohibited the addition of conditions in continuous custody orders was contrary to the parents’ rights under s. 7 of the . . .