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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:
Administrative Law – Civil Rights – Elections – Bankruptcy – Indians, Inuit and Métis

Trinity Western University et al. v. Law Society of Upper Canada et al. 2015 ONSC 4250
Administrative Law – Barristers and Solicitors – Civil Rights – Education
Summary: The Law Society of Upper Canada (LSUC) Benchers voted to deny accreditation to a law school that Trinity Western University (TWU) proposed to create. TWU was an evangelical Christian university, that required its students to agree to the terms of a Community Covenant (i.e., a code of conduct that embodied evangelical Christian beliefs on human dignity and moral conduct). Trinity applied for judicial review, seeking an order declaring that the LSUC’s decision …

Frank et al. v. Canada (Attorney General) 2015 ONCA 536
Civil Rights – Elections
Summary: Frank and Duong were Canadian citizens. They had lived and worked in New York State for most of their adult lives, but planned to return to Canada if they could find suitable work. They were not able to vote in the previous federal election because they had lived outside Canada for more than five years. They applied to declare unconstitutional the provisions of the Canada Elections Act (CEA) denying the vote to most citizens who had …

Iona Contractors Ltd. v. Guarantee Company of North America 2015 ABCA 240
Bankruptcy – Building Contracts – Mechanics’ Liens
Summary: Calgary Airport Authority (Airport) hired Iona Contractors to work on its north airfield. Iona substantially completed its work, but Airport withheld further payment because certain of Iona’s subcontractors had not been paid. Iona applied for protection under the Companies’ Creditors Arrangement Act and was subsequently assigned into bankruptcy and a trustee was appointed. In the meantime, the Airport called upon Guarantee Co. (surety) to settle the unpaid subcontractor claims under a Labour and Material Bond …

Mikisew Cree First Nation v. Governor General in Council et al. 2014 FC 1244
Courts – Indians, Inuit and Métis
Summary: The federal Minister of Finance introduced two Omnibus Bills which, inter alia, made significant changes to Canada’s environmental laws. The effect of the amendments was arguably to reduce the number of bodies of water within Canada which were required to be monitored by federal officials thereby affecting fishing, trapping and navigation. Some of these waters were located within the Mikisew Cree First Nation’s Treaty No. 8 territory. Accordingly, the Mikisew, instituted proceedings, seeking various forms …

R. v. White (M.) 2015 ONCA 508
Civil Rights
Summary: The accused was acquitted on charges of drug trafficking and possession of property obtained by crime. The trial judge found that the accused’s s. 8 Charter rights were violated because the police made three surreptitious entries into the common areas of his 10 unit condominium building to gather evidence, which they used to obtain a warrant and to arrest the accused. The Crown appealed, arguing that the accused had no reasonable expectation of privacy in the common areas …

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