Canada’s online legal magazine.

Archive for ‘Summaries Sunday’ Feature

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

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw byMaritime 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:
Courts / Criminal Law / Murder / Indians, Inuit and Metis / Estates :

R. v. Buzizi (D.) 2013 SCC 27
Criminal Law – Murder – Provocation – Evidence and proof

The accused was convicted of second degree murder. He appealed.

The Quebec Court of Appeal, Bich, J.A., dissenting, dismissed his appeal. The accused  . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw byMaritime 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:
Courts / Criminal Law / Indians, Inuit and Metis / Customs / Young offenders:

Courts – Criminal Law – Indians, Inuit and Metis – Practice

The plaintiff held a provincial permit to conduct logging operations on Aboriginal (Fort Nelson First Nation) land. That

. . . [more]
Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

On the second Sunday in each month we bring you a summary fromSupreme 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. (April 11 – May 8, 2013).

ORAL JUDGMENTS . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw byMaritime 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:
Civil Rights / Criminal Law / Trademarks, Names and Designs / Income Tax / Admiralty / Municipal Law:

R. v. Welsh (J.) 2013 ONCA 190
Civil Rights – Courts – Criminal Law – Evidence – Police
Oraha was shot multiple times and killed in a parking lot near his car. Forensic evidence indicated that
. . . [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:
Trade Regulation / Implied terms:

Murphy v. Amway Canada et al. 2013 FCA 38
Arbitration – Courts – Practice – Trade Regulation

The plaintiff was registered as an independent business owner under the umbrella of the defendant wholesaler. The registration agreement included an arbitration agreement and incorporated the defendant’s Rules of Conduct. The arbitration

. . . [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.

KEEWATIN v. ONTARIO (NATURAL RESOURCES), 2013 ONCA 158

1. CASE SUMMARY

Areas of Law: Aboriginal and Treaty Law; Constitutional Law; Natural Resource Law

~ Ontario has the right to take up lands in the Keewatin Treaty 3 area. The treaty was made between the Crown and the First Nations and Ontario became the pertinent representative of the Crown under the treaty once the lands were added to the province. . . . [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:
Discharge of juror / Time already served / Causation in negligence:

R. v. Titchener (R.G.) 2013 BCCA 64
Criminal Law – Procedure – Jury – General – Discharge of juror
The accused was charged that on March 22, 2009, he uttered a threat to cause death or bodily harm to Ms. L. and he . . . [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: Search warrants / Ojibway Treaty 3 / Repudiation of contract:
Posted in: Summaries Sunday