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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:
Mechanics’ Liens – Contracts – Creditors and Debtors – Aliens

Olson (Stuart) Dominion Construction Ltd. v. Structal Heavy Steel 2015 SCC 43
Mechanics’ Liens – Statutes
Summary: A general contractor (Dominion) applied for an order that the $15,570,974.53 lien bond it had filed in order to obtain removal of a builder’s lien, filed by a sub-contractor (Structal), satisfied Dominion’s trust obligation under the Builders’ Liens Act (Act). Structal opposed Dominion’s application and brought a motion for an order that Dominion or the owner pay to it all or part of a progress payment to which Dominion appeared to be entitled. The Manitoba Court of …

Bank of Montreal v. Rogozinsky 2014 ABQB 771
Contracts – Copyright – Courts – Creditors and Debtors – Practice
Summary: The Bank of Montreal sued the defendant for the outstanding balance on the defendant’s Mastercard ($27.064.46 plus accruing interest). The defendant, relying on Organized Pseudolegal Commercial Argument (OCPA) strategies, counterclaimed for $6,000,000 for trademark and copyright infringement and $73,000 allegedly owing by the bank pursuant to a fee schedule in a “Notice of Irrevocable Estoppel by Acquiescence” sent to the bank by the defendant. The bank applied for summary judgment and in response …

Ishaq v. Canada (Minister of Citizenship and Immigration) 2015 FCA 194
Aliens – Statutes
Summary: Ishaq was a Pakistani national who had been granted Canadian citizenship. Her religious beliefs required her to wear a niqab (a veil that covered most of her face). A 2011 change in government policy required her to remove the niqab during the oath of citizenship. Ishaq challenged the policy on a number of grounds, including freedom of religion and equality rights under the Charter. The Federal Court, in a decision reported at [2015] F.T.R. TBEd. FE.057, allowed …

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