Summaries Sunday

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

This week’s summaries are in Stare decisis, Discovery, Labour law, Workers’ compensation, & Admiralty:

R. v. Zentner (R.) 2012 ABCA 332
Courts – Stare decisis – Authority of judicial decisions – General principles – Authority and use of precedents – General
The accused funeral director defrauded families and the Province of $4,999 over 10 years. The frauds included 55 incidents of charging for products, but substituting cheaper products, and charging for services that were not provided. The accused pleaded guilty to fraud. The Alberta Provincial Court, in a judgment reported [2012] A.R. Uned. 274, failed to follow binding precedent (R. v. MacFarlane …

McAllister v. Calgary (City) 2012 ABCA 346
Practice – Discovery – What documents must be produced – Documents in the possession, power or control of a party
McAllister was assaulted and injured at a C-Train station in the City of Calgary. Members of the Calgary Police Service investigated the incident. McAllister sued the City for breach of statutory duty, negligence and bad faith for damages arising from his injuries, which he said resulted from the City’s failure to implement adequate security measures at C-Train stations. McAllister sought disclosure …

Kane v. Canada (Attorney General) et al. 2012 SCC 64
Labour Law – Public service labour relations – Public service integrity – Abuse of authority (incl. harassment) 
Kane was employed by Service Canada as Service Delivery Manager, a position classified at the PM-05 level. As part of a reorganization, the position of Regional Manager was created at the PM-06 level. Service Canada decided to fill the PM-06 position through an internal advertised process. Kane unsuccessfully applied. He complained to the Public Service Staffing Tribunal on the grounds of abuse of authority …

Heilman v. Workers’ Compensation Board (Sask.) 2012 SKQB 361
Workers’ Compensation – Compensation – General – Medical aid or treatment or other health related expenses
Heilman was deemed unemployable by the Workers’ Compensation Board due to two back injuries. His specialist recommended the use of medical marijuana for his pain and back spasms and he had an authorization from Health Canada to possess medical marijuana. Heilman sought compensation from the Board for the cost of medical marijuana. His claim was refused by the Appeals Department and by the Appeal Tribunal. …

Comfact Corp. v. Ship Hull 717 et al. 2012 FC 1161
Admiralty – Practice – Action in rem – Liens – Maritime liens – Foreign vessels (Marine Liability Act, s. 139)
The plaintiff corporation was an unpaid subcontractor of a shipbuilder which went under Companies’ Creditors Arrangement Act protection in the course of construction of a ship. The plaintiff filed an in rem against the ship, claiming that it had a maritime lien under s. 139 of the Marine Liability Act which ranked ahead of the mortgagee of the ship. …

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