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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:
Public housing termination / Mens rea / Mistake of fact:

New Brunswick Housing Corp., Re 2013 NBQB 150
Government Programs – Housing – Rental accommodation – Termination, forfeiture and reentry
On November 22, 2012, the New Brunswick Housing Corp. (NB Housing) received Community Safety Warnings from an employee of the New Brunswick Department of Public Safety pursuant to the Safer Communities and Neighbourhoods Act with respect to certain public housing premises. The warnings alleged that the Department of Public Safety had received a complaint with respect to each of the premises alleging “habitual activities” relating to offences of illegal . . .

R. v. Gauthier (C.) 2013 SCC 32
Criminal Law – General principles – Mens rea or intention – Abandonment of intention
The accused and her husband had a murder/suicide pact to kill their three children and themselves by using a sophoric drug (oxazepam), purchased by the accused for that purpose, that was mixed in drinks. The husband prepared and served the drinks. The accused called 911 after ingesting the drug and having her wrist slit by her husband. She survived. The children and her husband did not. The . . .

Futter et al. v. United Kingdom (Her Majesty’s Revenue and Customs) [2013] UKSC 26
Mistake – Mistake of fact – General – Mistake of fact – What constitutes
Futter Case:
This case involved a private family trust. Futter made two settlements. Initially both settlements had non-resident trustees, but subsequently Futter and Cutbill, both United Kingdom residents, were appointed as trustees. Cutbill was a partner in the firm of solicitors acting for the trustees and gave tax advice respecting the settlements. Acting on that legal advice, Futter and Cutbill distributed capital from the trust funds in . . .

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