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:
Barrister and solicitor conflict of interest / Defamation and single publication rule / CPP disability benefits / HIV and consent to sexual intercourse / Sentencing and time already served:
Wallace v. Canadian Pacific Railway et al. 2013 SCC 39
Barristers and Solicitors - Relationship with client – Conflict of interest or duties – Conduct of action against client
McKercher LLP (McKercher) had been representing CN for 10 years. Wallace hired McKercher to sue CN and others in a proposed class action. CN applied for an order removing McKercher as solicitors of record for Wallace due to an alleged conflict of interest. In support of its application, CN filed an affidavit of Chouc, its Assistant Vice-President, General Counsel and Managing Partner. . . .
Shtaif et al. v. Toronto Life Publishing Co. et al. 2013 ONCA 405
Libel and Slander - Publication – General – Single publication rule
Toronto Life published an article profiling a Canadian businessman, Shnaider, in the June 2008 edition of its “How to Piss Off a Billionaire" magazine. Toronto Life later posted the article on its website. The article referred to a business dispute between Shnaider and the plaintiffs, Shtaif and Roberts. The plaintiffs complained that the print version of the article libelled them, but did not sue over it. However, when they became . . .
Miceli-Riggins v. Canada (Attorney General) 2013 FCA 158
Civil Rights - Discrimination – Government programs – Health and social services
The applicant applied for judicial review of the decision of the Pension Appeals Board that she did not qualify for disability benefits under the Canada Pension Plan (CPP). The applicant submitted that certain provisions of the CPP discriminated against her, contrary to s. 15 of the Charter.
The Federal Court of Appeal dismissed the application. There was no infringement of s. 15 of the Charter. The relevant provisions of . . .
R. v. Mekonnen (Y.) 2013 ONCA 414
Criminal Law - Sexual offences – Rape or sexual assault – Consent and extorted consent
The accused was HIV-positive. Following two separate trials in 2009, he was convicted of two counts of aggravated sexual assault in relation to two different women for not disclosing his HIV-positive status prior to sexual activity. He appealed both convictions. He had fully served the sentences imposed at his trials. While the appeals were pending, the Supreme Court of Canada released its decision in R. v. . . .
R. v. Bradbury (E.T.) 2013 BCCA 280
Criminal Law - Sentencing – Considerations on imposing sentence – Time already served
The accused pleaded guilty to a charge of conspiracy to traffic in cocaine. In calculating an actual sentence of 20 months’ imprisonment, the sentencing judge applied a credit of 1:1 for the time the accused spent in custody between his arrest and guilty plea, and an enhanced credit of 1.5:1 for the time between his guilty plea and sentence. The accused appealed the sentence. At issue was the . . .