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:
Discharge of juror / Time already served / Causation in negligence:
R. v. Titchener (R.G.) 2013 BCCA 64
Criminal Law – Procedure – Jury – General – Discharge of juror
The accused was charged that on March 22, 2009, he uttered a threat to cause death or bodily harm to Ms. L. and he sexually assaulted Ms. L. He was tried by a judge and jury. The jury acquitted the accused of uttering a threat, but convicted him of sexual assault. The accused appealed his conviction. Ms. L., and another Crown witness were deaf. They had communicated their evidence . . .
R. v. Summers (S.) 2013 ONCA 147
Criminal Law – Sentencing – Considerations on imposing sentence – Time already served
The accused was convicted of manslaughter for his infant daughter’s death (shaken baby syndrome). At trial, the accused pleaded guilty. He was sentenced to eight years’ imprisonment. The judge concluded that the lack of parole eligibility during remand detention warranted enhanced credit (Criminal Code, s. 719(3.1)), at the rate of 1.5:1, which amounted to 16 months. The Crown appealed on the sole ground that the sentencing judge erred . . .
Ediger v. Johnston et al. 2013 SCC 18
Medicine – Liability of practitioners – Negligence or fault – Causation
Cassidy Ediger, now 15 years old, suffered from persistent bradycardia during her birth that caused severe and permanent brain damage, leaving her with spastic quadriplegia and cerebral palsy. Cassidy, by her guardian ad litem, sued Dr. Johnston, the obstetrician who delivered her, alleging that her injury resulted from negligence associated with an attempt to deliver her using a mid-level forceps procedure.
The British Columbia Supreme Court, in a decision reported . . .