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:
Authority to search computers / Enforcement of condominium bylaws / Privity of contract / Assault in soccer game:
R. v. Vu (T.L.) 2013 SCC 60
Civil Rights – Property – Personal property (incl. computers or cellphones) – Search and seizure by police
The appellant was charged with production of marijuana, possession of marijuana for the purpose of trafficking, and theft of electricity. The police had obtained a warrant authorizing the search of a residence for evidence of theft of electricity, including documentation identifying the owners and/or occupants of the residence. The warrant did not specifically refer to computers or authorize the search of computers. In the . . .
Strata Plan LMS 2768, Owners v. Jordison 2013 BCCA 484
Real Property – Condominiums – Bylaws, resolutions and restrictive covenants – Enforcement (incl. fines, eviction, etc.)
Repeated financial penalties assessed by a strata council against an owner of a condominium unit were ineffective in modifying the owner’s and her son’s disruptive behaviour. The strata corporation petitioned for an order requiring the owner to sell her residential unit and to cease residing in the strata property. The British Columbia Supreme Court, in a decision reported at  B.C.T.C. Uned. 31, allowed the . . .
Arora et al. v. Whirlpool Canada LP et al. 2013 ONCA 657
Contracts – Rights and liabilities of strangers to contract – Privity of contract – Exceptions
The plaintiffs sought to certify a class action against Whirlpool Canada LP and Whirlpool Corp. (“Whirlpool”), alleging that their front-loading washing machines were poorly designed and prone to developing an unpleasant smell. The plaintiffs claimed damages for breach of express and implied warranty, breach of the Competition Act (Can.), negligence, and waiver of tort. The Ontario Superior Court, in a decision reported  O.T.C. Uned. 4642, . . .
R. v. Adamiec (G.P.) 2013 MBQB 246
Criminal Law – Assaults – Defences – Consent
The accused was convicted of assault causing bodily harm because of an incident during an amateur adult competitive soccer match. He appealed his conviction. The Manitoba Court of Queen’s Bench allowed the appeal, quashed the conviction and entered an acquittal. A proper cumulative consideration of all of the objective criteria applied to the facts led to the conclusion that although the accused’s conduct was contrary to the rules of soccer, it was not . . .