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:
Construction of wills / Aboriginal treaty rights / Regulation of drug sales via the internet / Small claims court and set off:
Racz Estate v. Gidney Estate 2013 BCCA 314
Wills – Construction – General – Misdescription of property or persons – Error in description of real property (incl. parcel identifier number (PID))
The deceased, Racz, had three children, Ernest, Ethel and Johanne. The deceased’s assets included a half interest in an apartment building. That property had a single civic address, but was actually comprised of four separate legal titles. The deceased’s will contained a provision leaving a property with Parcel Identifier (PID) 011-255-331 to the son. An interpretation issue arose . . .
Pictou Landing Band Council et al. v. Canada (Attorney General) 2013 FC 342
Indians, Inuit and Metis – Particular aboriginal or treaty rights – Respecting children – Jordan’s Principle
The Pictou Landing Band Council (PLBC) wrote to the Manager for Social Programs, Aboriginal Affairs and Northern Development Canada, to request additional funding so that the Picou Landing First Nation, a small First Nation in Nova Scotia, could continue to provide home health care services on reserve to a teenager with multiple disabilities. The PLBC sought reimbursement beyond the $2,200 provincial maximum, for exceptional costs . . .
College of Pharmacists (Ont.) v. 1724665 Ontario Inc. et al. 2013 ONCA 381; 2013 ONCA 394
Professional Occupations – Pharmacists – Regulation – Prescription drugs – Sale of
Global Pharmacy Canada (GPC) used the internet to market the retail sale of generic prescription drugs to Americans. Global directed customers to contact its staff, located in a call centre in Ontario. The orders were filled in India and shipped directly to the customers. The Ontario College of Pharmacists applied to stop the corporations and individuals involved in operating GPC (the appellants herein) from selling, by retail, prescription drugs . . .
2146100 Ontario Ltd. v. 2052750 Ontario Inc. et al. 2013 ONSC 248
Practice – Small Claims – Monetary limit
The plaintiff corporation bought a small claims proceeding against the defendant corporation and an individual, following the breakdown of a business relationship.
The Ontario Small Claims Court (trial judge) essentially took accounts between the parties, making a factual determination that the defendant owed the plaintiff $21,094.72 and the plaintiff owed the defendants $42,633.57. The trial judge set the two figures off and arrived at a net judgment in favour of the defendants for $21,538.85. . . .