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

This week’s summaries concern:
Civil Rights/ Damages / Torts / Partnership / Practice

R. v. Appulonappa (F.A.) et al. 2014 BCCA 163
Aliens – Civil Rights – Criminal Law – Statutes 
In October 2009, Canadian authorities intercepted the MV Ocean Lady off the west coast of Vancouver Island. On board were 76 Sri Lankan Tamil asylum-seekers, none of whom had proper documentation to enter Canada. The four respondents were Sri Lankan nationals from the ship. The Crown alleged that they organized the voyage, and were the captain and chief crew members of the ship. It charged them with …

Boucher v. Wal-Mart Canada Corp. et al. 2014 ONCA 419
Damage Awards – Damages – Master and Servant – Torts
Boucher sued Wal-Mart and its employee, Pinnock, for constructive dismissal and for damages. The Ontario Superior Court, sitting with a jury, found that Boucher had been constructively dismissed and awarded her damages equivalent to 20 weeks salary, as specified in her employment contract. The jury also awarded her damages of $1.2 million against Wal-Mart, ($200,000 in aggravated damages for the manner in which she …

Fasken Martineau DuMoulin LLP v. Human Rights Tribunal (B.C.) et al. 2014 SCC 39
Civil Rights – Partnership
McCormick was a lawyer and a partner in the Vancouver office of the Fasken Martineau DuMoulin LLP, an international law firm operating as an extra-provincial limited liability partnership registered under the Partnership Act. In December 2009, McCormick filed a complaint with the Human Rights Tribunal (B.C.) alleging that Fasken discriminated against him by requiring that he retire as an equity partner at the end of the year in which he …

Ottawa Police Association v. Ottawa Police Services Board et al. 2014 ONSC 1584
The Ottawa Police Association (OPA) brought a motion to be appointed as a representative plaintiff under rule 12.08 on behalf of 74 police officers who transferred from the Ontario Provincial Police to the Ottawa-Carleton Police Services Board, now the Ottawa Police Services Board (OPSB). The underlying action alleged that the defendants made negligent misrepresentations by omitting to fully advise the officers of the pension consequences when they elected to transfer to the OPSB. The …

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