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 appealed as of right.
The Supreme Court of Canada, LeBel and Wagner, JJ., dissenting, allowed the appeal and ordered a new trial.
Kikino Métis Settlement v. Métis Settlements Appeal Tribunal 2013 ABCA 151
Indians, Inuit and Metis – Personal or legal rights – General – Wills and estates
Pruden owned two quarter sections of land (farm quarter and home quarter) on the Kikino Métis Settlement. He died without leaving estate instructions under s. 7.6 of the Métis Settlements General Council Land Policy. Since Pruden’s wishes were not known, and he did not have a spouse, his estate stood to be distributed in accordance with any agreement of his heirs, i.e., his seven children. The Council attempted to arrange …
Lantheus Medical Imaging Inc. v. Atomic Energy of Canada Ltd. 2013 ONCA 264
Crown – Crown immunity – Exceptions – Benefit/burden or waiver exception
Lantheus Medical Imaging Inc., an American pharmaceutical company, used medical isotopes produced by Atomic Energy of Canada Ltd.’s (AECL) nuclear reactor at Chalk River in the manufacture of its products. Lantheus suffered losses estimated at more than $70 million as a result of the extended closure of AECL’s reactor commencing in May of 2009. Lantheus sued its insurer for indemnification (US action). Lantheus sought information from AECL through a request under the Access to …