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:
Rascal Trucking Ltd. v. Nishi 2013 SCC 33
Trusts – Resulting trusts – General principles – Gifts
Rascal Trucking Ltd. operated a topsoil processing facility on property leased from Kismet Enterprises Ltd. Rascal’s lease required it to “hold harmless” Kismet for liabilities resulting from Rascal’s operations on the property. The City of Nanaimo passed resolutions declaring that the facility was a nuisance. The City removed the topsoil and lodged the costs incurred ($110,679.74) against the property as tax arrears. CIBC began foreclosure proceedings on the property and it was . . .
Delichte v. Rogers 2013 MBQB 93
Family Law – Custody and access – Practice – Costs (incl. suit money or interim costs) – Conduct by party or counsel (incl. breach of court rules) – Self-represented litigant
The mother, a self-represented litigant, was aggressively pursuing multiple claims against the father. A case management judge set aside a half day for the hearing of the mother’s outstanding motions that included issues such as the transfer of loyalty reward points, retroactive variation of child support and support-related relief. The hearing . . .
Chartier (Bankrupt), Re 2013 MBCA 41
Bankruptcy – Property of bankrupt – General – What constitutes
In May 2007, Mr. Chartier purchased a home (the property). In September 2009, he married Mrs. Chartier and the property became their homestead property within the meaning of the Homesteads Act. Mrs. Chartier had declared bankruptcy in May 2007 and she remained an undischarged bankrupt. In 2011, Mr. Chartier listed the property for sale. Mrs. Chartier agreed with that decision and did not wish to exercise her veto right to withhold . . .
R. v. Brake (L.L.) 2013 PCNL 1312A00456
Criminal Law – Procedure – Verdicts, discharges and dismissals – Conditional discharge in lieu of conviction
The accused pleaded guilty to mischief. The Crown proceeded by way of summary conviction. The 26 year old accused pleaded guilty to mischief. After an argument, the accused took the laptop that her then live-in partner had with her, threw it on the floor and “stomped” on it causing considerable damage. The accused replaced the laptop with a new one. The accused had . . .