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:
Administrative Law – Civil Rights –Criminal Law – Insurance – Evidence
ATCO Gas and Pipelines Ltd. et al. v. Alberta Utilities Commission 2014 ABCA 397
Summary: These appeals related to decisions made by the Alberta Utilities Commission in two separate proceedings about legal and consulting costs claimed by the appellants (ATCO Utilities). The Commission determined that it had the authority to manage and assess the legal costs of all regulated utilities in Alberta in proceedings before it and to establish rules and guidelines for the recovery of such legal costs. The ATCO Utilities were granted leave to appeal on the following question: “Did the …
R. v. Ashini (J.B.) 2015 NLPC 1711
Civil Rights – Criminal Law
Summary: At issue on this bail hearing was whether the accused should be released, as well as the proper interpretation of s. 516(1) of the Criminal Code in the context of the Supreme Court of Canada in R. v. Pearson (1992), R. v. Morales (1992), and R. v. Hall (2002) and the judicial reality that existed for years in Labrador. The Newfoundland and Labrador Provincial Court determined the issues accordingly.
Carter et al. v. Canada (Attorney General) et al. 2015 SCC 5
Civil Rights – Constitutional Law – Courts – Criminal Law – Practice
Summary: Gloria Taylor was diagnosed with a fatal neurodegenerative disease, amyotrophic lateral sclerosis (or ALS). She brought a claim challenging the constitutionality of the Criminal Code provisions (ss. 14, 21, 22, 222 and 241) that prohibited assistance in dying. She was joined in her claim by Carter and Johnson, who had assisted Carter’s mother in achieving her goal of dying with dignity by taking her to Switzerland to use the …
Gyorffy v. Drury 2015 ONCA 31
Evidence – Insurance
Summary: The plaintiff sued for damages suffered in a motor vehicle accident. Having decided that the plaintiff was credible and had suffered a “permanent serious impairment of an important physical, mental or psychological function”, as defined by s. 267.5(5) of the Insurance Act and s. 4 of the Regulation, the trial judge nonetheless dismissed the action on the basis that the plaintiff had not met the requirement in s. 4.3(5) of the Regulation because he had not adduced …
R. v. Bonnell (C.) 2015 NBCA 6
Civil Rights – Criminal Law – Evidence
Summary: The accused was convicted of first degree murder of his 16 year old cousin. He was sentenced to life imprisonment with no parole eligibility for 25 years. The accused appealed his conviction. The New Brunswick Court of Appeal dismissed the appeal.
R. v. Lundrigan (D.J.) 2014 SKQB 386
Civil Rights – Courts – Criminal Law – Statutes
Summary: The accused was charged with having care or control of a motor vehicle while his blood- alcohol content was over .08. The trial judge excluded the certificate of analysis on the basis that the officer did not have reasonable and probable grounds to make the breathalyzer demand and the admission of the certificate would bring the administration of justice in disrepute (Charter, ss. 8 and 24(2)). Therefore, the accused was acquitted. The …