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:
Evidence – Practice – Actions – Contracts – Courts – Criminal Law

Tuck v. Supreme Holdings Ltd. et al. 2014 NLTD(G) 131
Evidence – Limitation of Actions – Practice
Summary: The plaintiff commenced an action against the defendants on February 28, 2012, to recover damages allegedly sustained in a motor vehicle collision that occurred on December 28, 2009. Because more than two years had passed between the accident and the filing of the action, the defendants argued that the applicable two-year limitation period had expired. The plaintiff, however, claimed that because the defendants’ insurance company confirmed her cause of action in April or May of 2010 the limitation period ran from then rather than from the date of the accident (Limitations Act, s. 16). The plaintiff sought a preliminary determination as to whether the action was commenced within the limitation period. …

Nadeau Poultry Farm Ltd. et al. v. Desjardins and Desjardins Consultants Inc. et al. 2014 NBQB 81
Practice
Summary: The plaintiffs suffered a fire at their poultry processing plant located in the Village of Saint-François de Madawaska. They sued their building design consultant (Desjardins), the Village and the Madawaska District Planning Commission. The plaintiffs alleged breach of contract and negligence against Desjardins for failing to ensure that appropriate fire protection and supression systems were included in the design of the plant. They alleged that the Village and the Planning Commission were negligent for failing to ensure that plans and specifications conformed to the applicable laws, regulations, and bylaws before approving them, and for failing to carry out proper building inspections. …

Babstock et al. v. Atlantic Lottery Corp. Inc. 2014 NLTD(G) 114
Actions – Contracts – Courts – Criminal Law – Practice – Restitution – Torts – Trade Regulation
Summary: The two individual plaintiffs sought to bring a class action against Atlantic Lottery Corp. (defendant), on behalf of a class of persons harmed by video lottery terminals (VLTs). They alleged a number of different causes of action. The defendant joined a number of third party suppliers. The defendant applied to strike significant portions of the statement of claim as disclosing no cause of action. The third parties filed brief supporting the position of the defendant. …