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Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw byMaritime 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:
Civil Rights / Criminal Law / Trademarks, Names and Designs / Income Tax / Admiralty / Municipal Law:

R. v. Welsh (J.) 2013 ONCA 190
Civil Rights – Courts – Criminal Law – Evidence – Police
Oraha was shot multiple times and killed in a parking lot near his car. Forensic evidence indicated that four different firearms were used. No murder weapons were found. It was agreed at trial that the circumstances of Oraha’s death were planned and deliberate. The Crown’s theory was that eight individuals, four of whom were shooters, were involved in the murder. The Crown alleged that Welsh was one of the four shooters, that Pinnock …

R. v. Levkovic (I.) 2013 SCC 25
Civil Rights – Criminal Law – Statutes
The accused was charged under s. 243 of the Criminal Code with concealing the dead body of a child. Under the definition of the offence, it had always been immaterial whether the child died before, during or after birth. The Ontario Superior Court held that the words “died before … birth” in s. 243 of the Code were unconstitutionally vague. The court severed “before” from the section, leaving it to read in its material part “whether the …

Council of Natural Medicine College of Canada v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia 2013 FC 287
Civil Rights – Constitutional Law – Trademarks, Names and Designs
The Registrar of Trademarks gave public notice that the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (College) had adopted and used 16 official marks (Trade-marks Act, s. 9(1)(n)(iii)). The Council of Natural Medicine College of Canada (Council), applied for judicial review, seeking to set aside the Registrar’s decision. The Federal Court dismissed the application. The court held that the Registrar committed no reviewable error. The Registrar correctly determined, consistent with the …

Cavanagh v. Minister of National Revenue 2013 FCA 94
Income Tax – Deductions in computing income – Alimony
Cavanagh was ordered to pay support in a specified amount per week as well as interest on any payments in default, from the date of default. He defaulted on his support payments. In 2006, he made a payment that discharged his entire obligation to that point, including accrued interest of $10,187.77. In computing his income for purposes of the Income Tax Act, Cavanagh sought to deduct the $10,187.77. The Tax Court of Canada held that the …

Cameco Corp. et al. v. Ship MCP Altona et al. 2013 FC 23
Admiralty – Actions in rem – Sale – Sale proceeds – Entitlement to
Cameco’s uranium cargo spilled while being shipped on board a foreign vessel bound for China. Authorities ordered the ship back to Vancouver. Cameco discharged the cargo and remediated the ship. Cameco, as ordinary creditor, and the ship’s mortgagee (bank) each sought priority to the proceeds of a judicial sale of the ship. The Federal Court determined that the bank, as mortgage creditor, had priority over Cameco as a cargo claimant. The court …
Civil Rights – Constitutional Law – Land Regulation – Municipal Law
Hughes kept six chickens in the backyard of his residential property in the City of Calgary, in breach of s. 27 of the Responsible Pet Ownership Bylaw: “No person shall keep Livestock in any area of the City except where the keeping of Livestock is allowed under The City of Calgary Land Use Bylaw”. “Livestock” included chickens (s. 2(1)(n)(v)). With Hughes’ encouragement, a violation ticket was issued. Hughes challenged the Bylaw’s constitutionality, submitting that the City lacked …


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