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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:
Company Law – Civil Rights – Statutes – Insurance – Damages – Evidence – Practice – Conflict of Laws

Rea et al. v. Wildeboer et al. 2015 ONCA 373
Company Law
Summary: The plaintiffs asserted an oppression claim under s. 248 of the Business Corporations Act alleging misappropriation of funds from Martinrea International Inc. and seeking to recover those funds for the corporation. The defendants argued that the claim was solely Martinrea’s claim and that it had to be pursued as a derivative action on behalf of the corporation, with leave of the court. The motion judge agreed with the defendants and struck the claim. The plaintiffs appealed. The Ontario …

Lewis et al. v. Canada (Attorney General) 2015 ONCA 379
Civil Rights – Criminal Law – Statutes
Summary: The applicants were 10 federal female inmates, all of whom were non-violent offenders who had been sentenced to a first penitentiary term. They applied for a declaration that they were eligible for Accelerated Parole Review (APR) at 1/6 of their sentence in accordance with sections of the Corrections and Conditional Release Act which had been repealed by the Abolition of Early Parole Act (AEPA). Section 10(1) of the AEPA made the abolition of …

Unifund Assurance Co. v. D.E. et al. 2015 ONCA 423
Insurance
Summary: The applicants were defendants in a lawsuit against them for negligence for failing to control their daughter. The daughter, a grade eight student, allegedly bullied a fellow student. The applicants had a homeowner’s insurance policy with Unifund Assurance Co. and requested that the insurer defend them in the negligence action. Unifund refused, relying on two exclusion clauses in the policy. The applicants applied for a declaration that Unifund had a duty to defend them in the underlying action. The …

Garner v. Bank of Nova Scotia 2015 NSSC 122
Civil Rights – Damages – Evidence – Master and Servant – Practice
Summary: The plaintiff was employed by the defendant bank for approximately 35 years. He filed a human rights complaint (age discrimination), when he was unsuccessful in getting a promotion. He subsequently withdrew the complaint and sued the bank, alleging age discrimination, constructive dismissal and tortious interference with contractual relations. The bank offered to continue the employment relationship if the plaintiff withdrew his action. The plaintiff refused and the bank …

Equustek Solutions Inc. et al. v. Jack et al. 2015 BCCA 265
Conflict of Laws – Courts – Injunctions
Summary: The plaintiff, Equustek Solutions Inc., obtained an interim injunction restraining Google Inc. (a non-resident non-party) from indexing or referencing specific web sites in search results on its search engines. The order was made with a view toward limiting access to web sites through which the defendants in the underlying action had been advertising and selling products in breach of the plaintiff’s intellectual property rights and contrary to court orders. (See [2014] B.C.T.C. Uned. 1063; …

 

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