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Archive for ‘Summaries Sunday’ Feature

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

ALLEN v. AINSWORTH LUMBER CO. LTD., 2013 BCCA 271

1. CASE SUMMARY

Areas of Law: Employment; Wrongful Dismissal; Constructive Dismissal

~Employers as well as employees could take the benefit of the doctrine of constructive dismissal. Whether the departure of an employee was properly a termination or a repudiation of employment was a finding of fact for the trial judge~

Discussion: This wrongful dismissal case was unusual in that the . . . [more]

Posted in: Summaries Sunday

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: Barrister and solicitor conflict of interest / Defamation and single publication rule / CPP disability benefits / HIV and consent to sexual intercourse / Sentencing and time already served:
Posted in: Summaries Sunday

Sunday Summaries: Supreme Advocacy

On the second Sunday in each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (June 13 to July 11, 2013 inclusive).

APPEALS . . . [more]

Posted in: Summaries Sunday

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: Resulting trusts / Costs where self-represented litigant / Property of bankrupt / Relevance of alcohol on sentencing:
Posted in: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

LACEY V. WEYERHAEUSER COMPANY LIMITED, 2013 BCCA 252

1. CASE SUMMARY

Areas of Law: Employment Law; Pensions; Vested Rights

~Health benefits in pension program held to be vested contractual entitlement of retirees which could not be changed unilaterally by employer~

Discussion: Reductions in pension benefits may seem a significant source of savings for many companies, but altering benefits paid to retired employees requires care in determining the nature of . . . [more]

Posted in: Summaries Sunday

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: Mandamus / Standing / Mandatory drug and alcohol testing / Hearsay / Strip search:
Posted in: Summaries Sunday

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:
Public housing termination / Mens rea / Mistake of fact:

New Brunswick Housing Corp., Re 2013 NBQB 150
Government Programs – Housing – Rental accommodation – Termination, forfeiture and reentry
On November 22, 2012, the New Brunswick Housing Corp. (NB Housing) received Community Safety Warnings from an employee of the New Brunswick Department of . . . [more]

Posted in: Summaries Sunday

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:
Medical malpractice / Employment and discrimination / Building contracts and sureties:

Manary v. Strban et al. 2013 ONCA 319
Medicine – Liability of practitioners – Negligence – Team leader (incl. Most Responsible Practitioner/Physician)
A pregnant woman was admitted to hospital with chest pains. On the day she was to leave the hospital she died . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

On the second Sunday in each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (May 8 – June 12, 2013).

APPEALS

Aboriginal . . . [more]

Posted in: Summaries Sunday

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:
Sentencing and mental illness / Automobile insurance / Judges’ reasons for decision / Exemplary damages for breach of contract / Insurance contract and limitation of actions :

R. v. S.J.B. 2013 ABCA 153
Criminal Law – Sentencing – Considerations on imposing sentence – Mental illness or disorder
The accused (Ms. B, 34 years old), . . . [more]

Posted in: Summaries Sunday

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:
Criminal Law / Motor vehicles / Indians, Inuit and Métis/ :

Manitoba Métis Federation Inc. v. Canada (Attorney General) 2013 SCC 14
Civil Rights – Constitutional Law – Indians, Inuit and Métis

Manitoba entered Confederation on July 15, 1870, following the passage of the Manitoba Act, 1870. Section 31 of the Act provided for . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Federation of Law Societies of Canada v. Canada (Attorney General), 2013 BCCA 147

1.CASE SUMMARY

Areas of Law: Constitutional Law; Charter of Rights and Freedoms; Solicitor-Client Privilege; Independence of the Bar; Money Laundering

~Independence of Bar recognised as principle of fundamental justice under Charter~

Discussion: Since 1989, Canada has brought in a series of statutes and regulations intended to combat money laundering. Beginning with the 2001 . . . [more]

Posted in: Summaries Sunday