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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:
Sale of land / Municipal law / Accident and sickness insurance / Discharge of debtor / Arrest without warrant / Motor vehicle owner definition:

Tang et al. v. Zhang et al. 2013 BCCA 52
Sale of Land – Remedies of vendor – Forfeiture of deposit – General
The plaintiffs/sellers entered into a standard form contract to sell a residential property for $2,030,000, to the defendant/buyer. The buyer paid a deposit of $100,000 to the defendant real estate agency. The buyer failed to complete the purchase on the completion date. The sellers terminated the contract. They took the position that, pursuant to clause 12, the deposit became “absolutely forfeited” to them “on account of damages”. The . . .

Ouellette v. Saint-André (Rural Community) 2013 NBCA 21
Municipal Law – Councils – Decisions of – Duty of fairness
The applicant was employed as chief administrative officer/clerk/secretary-treasurer by the respondent rural community from June 3, 1994, to December 15, 2010, when her employment was terminated for cause. The applicant applied for judicial review, seeking to set aside the termination, asserting that she was denied procedural fairness. The New Brunswick Court of Queen’s Bench, Trial Division, in a decision reported at 390 N.B.R.(2d) 309; 1011 A.P.R. 309 dismissed the application. The applicant . . .

Jackson v. Standard Life Assurance Co. 2012 BCCA 503
Insurance – Accident and sickness insurance – The contract – General – Qualifying period for coverage 
Jackson sued Standard Life for failure to compensate her for approximately one year of disability. At issue was whether Jackson was covered by the plan on the date of her disability. The British Columbia Supreme Court, in a decision reported [2011] B.C.T.C. Uned. 1487, found that Jackson was covered by the plan in question. The trial judge found that the eligibility period laid out by. . .

Canada (Attorney General) v. Collins 2013 NLCA 17
Bankruptcy – Discharge of debtor – Liabilities not released by discharge – Student loans
From September 1998 to December 2001, Collins attended Memorial University of Newfoundland full-time. She received a student loan under the Canada Student Financial Assistance Act. From September 2003 to August 2006, Collins attended the College of the North Atlantic completing a diploma in Geomatics Engineering Technology. She did not apply for additional financial assistance during that course of study. However, she obtained a deferral of payment of . . .

R. v. Boyd (C.T.) 2013 BCCA 19
Police – Powers – Arrest and detention – Arrest without warrant – Of person committing a criminal offence
When a police officer approached the accused’s vehicle at a road block for screening for impaired drivers, the officer smelled freshly burnt marijuana. The officer arrested the accused without warrant for possession of marihuana (Criminal Code, s. 495(1)(b)). During the search incidental to the arrest, a plastic bag containing cocaine was discovered on the accused’s person. The accused was charged with possession of . . .

Aucoin v. Shepherd et al. 2013 YKCA 1
Motor Vehicles – General and definitions – Definitions – Owner – Defined
On April 26, 2008, Mendelsohn purchased a motor vehicle from Shepherd, who was the registered owner of the vehicle. Shepherd signed and gave to Mendelsohn the required transfer papers and the only set of keys. Mendelsohn paid for and took possession of the vehicle. Shepherd understood that the vehicle would not be driven and would be parked by Mendelsohn for about two weeks until it was taken for a . . .

Jackson v. Standard Life Assurance Co. 2012 BCCA 503
Insurance – Accident and sickness insurance – The contract – General – Qualifying period for coverage 
Jackson sued Standard Life for failure to compensate her for approximately one year of disability. At issue was whether Jackson was covered by the plan on the date of her disability. The British Columbia Supreme Court, in a decision reported [2011] B.C.T.C. Uned. 1487, found that Jackson was covered by the plan in question. The trial judge found that the eligibility period laid out by . . .

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