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:
Sentencing and mental illness / Automobile insurance / Judges’ reasons for decision / Exemplary damages for breach of contract / Insurance contract and limitation of actions :

R. v. S.J.B. 2013 ABCA 153
Criminal Law – Sentencing – Considerations on imposing sentence – Mental illness or disorder
The accused (Ms. B, 34 years old), pled guilty to manslaughter, attempted murder, and failure to provide necessities of life. The victim of the manslaughter offence was Ms. B’s 10 month old son ( a “soft smothering”, to stop his crying). Six years later, Ms. B attempted to murder her five year old son. For two hours she repeatedly impeded his breathing by suffocation or strangulation. He . . .

Jubenville v. Jubenville et al. 2013 ONCA 302
Insurance – Automobile insurance – Compulsory government schemes – Uninsured or underinsured motorist coverage – Insured defined 
The plaintiff (Ashley) was five years old when she was injured in a single vehicle motor vehicle accident while a passenger in her father’s vehicle which was uninsured. Ashley’s mother had insurance on two other vehicles. An issue arose as to whether the father’s vehicle fell within the definition of “uninsured automobile” in the mother’s standard automobile insurance policy such as to entitle Ashley . . .

Cojocaru v. British Columbia Women’s Hospital and Health Center et al. 2013 SCC 30
Courts – Judges – Duties – Re reasons for decisions
The plaintiff mother was a high risk pregnancy patient. While virtually unsupervised, her uterus ruptured and her unborn plaintiff son suffered an asphyxial insult resulting in permanent brain damage (cerebral palsy). The plaintiffs brought a medical negligence action against the defendants (three doctors, a nurse and the hospital).
The British Columbia Supreme Court, in a judgment reported [2009] B.C.T.C. Uned. 494 found all five defendants liable and awarded damages of $4 . . .

Branco v. American Home Assurance Co. et al. 2013 SKQB 98
Damage Awards – Exemplary or punitive damages – Breach of contract
Branco, at age 58, developed reflex sympathetic dystrophy in his right foot after two injuries while working as a welder for the Kumtor Operating Co. in Kyrgyzstan. He had not worked since March 2000. Branco started this action in 2001. He claimed that American Home Assurance (AIG) and Zurich Life Insurance wrongfully denied him disability and medical benefits, and that Kumtor and its parent company (Cameco) breached the employment contract . . .

Boyce v. Co-Operators General Insurance Co. 2013 ONCA 298
Insurance – Multi-peril property insurance – General – Limitation period
The insured claimed that their retail store was damaged by vandals in October 2010 and filed a proof of loss in December 2010. The insurer denied coverage. The insured commenced an action against the insurer in February 2012, more than one year, but less than two years after the incident. The insurer moved for summary judgment, claiming that the action was out of time by virtue of the one year limitation . . .

R. v. Amell (D.P.) 2013 SKCA 48
Criminal Law – General principles – Rights of accused – Right to be present at trial
Douglas Amell practised naturopathy through his incorporated clinic, and was the sole director and shareholder of the corporation. His wife (Heidi) and his father (Robert) were employed by the corporation. Douglas, Heidi and Robert participated in a scheme, masterminded by Douglas, where they signed a “contract for hire” as a “natural person” and received compensation in exchange for property (their time and labour), without the . . .