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:
Professional misconduct in medicine / Assignment of copyright / Breathalyzer / Stalking / Punitive damages:

Yazdanfar v. College of Physicians and Surgeons (Ont.)
Medicine – Discipline for professional misconduct – Professional misconduct or conduct unbecoming a member – Standards of practice
A doctor, who qualified in family practice, focussed her practice on liposuction and breast augmentation at her out-patient clinic. The death of a patient following a liposuction procedure was the catalyst for an investigation involving a number of patients and ultimately discipline proceedings. The Committee of the College of Physicians and Surgeons of Ontario found that the doctor had repeatedly and knowingly breached . . .

Tremblay v. Orio Canada Inc.
Copyright – Transfer of copyright – Assignment – What constitutes
The defendant contracted with the plaintiff to continue the development of the defendant’s software (SAM). The plaintiff and his employees developed a modified SAM program. The defendant provided the source code of the modified SAM program to a third party developer who developed a reworked modified SAM program. The plaintiff sued the defendant seeking a declaration that (1) he owned the copyright in the developments and improvements made to the . . .

R. v. So (U.)
Criminal Law – Motor vehicles – Impaired driving – Breathalyzer or blood sample – Evidence and certificate evidence (incl. evidence tending to show)
The accused was charged with driving while “over .08” contrary to s. 253(1)(b) of the Criminal Code. At trial, the accused attempted to displace the Criminal Code presumption that the breathalyzer analysis was accurate. He argued that the approved breath sample instrument (an Intoxilyzer 5000C) was improperly operated because the technician did not follow certain procedures in the . . .

Ducharme v. Borden
Family Law – Domestic violence or exploitation – Anti-stalking legislation – Protection order – When available or appropriate
The applicant obtained a protection order under the Domestic Violence and Stalking Act to stop his former girlfriend, the respondent, from stalking him. After a review hearing, a judge set aside the protection order and awarded the respondent costs of $10,000 plus disbursements payable within six months. The applicant appealed.
The Manitoba Court of Appeal dismissed the applicant’s appeal from the decision to . . .

Chitrakar v. Bell TV
Damages – Exemplary or punitive damages – Violation of privacy
Chitrakar applied for relief against Bell TV under s. 14(1) of the Personal Information Protection and Electronic Documents Act (PIPEDA), because Bell TV ordered a credit report without his consent. The Federal Court allowed the application and awarded damages of $10,000 plus exemplary damages of $10,000.