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 standard of proof / Costs where pro bono representation / Polygamy & annulment:
R. v. Wilson (B.S.) 2013 NBCA 38
Criminal Law – Procedure – Trial judge – Duties and functions of – Respecting credibility of witnesses (incl. accused)
The accused was convicted of sexual assault ( N.B.R.(2d) Uned. 71). The accused appealed, alleging that the trial judge did not apply the law regarding reasonable doubt. The New Brunswick Court of Appeal allowed the appeal, quashed the verdict and ordered a new trial. The trial judge made an error in the application of the criminal law standard of proof . . .
Roby v. Canada (Attorney General) 2013 FCA 251
Practice – Costs – Party and party costs – Entitlement to – Where party represented by pro bono counsel
Roby suffered a work related injury and applied for sickness benefits under the Employment Insurance Act. He also applied to have the benefits deposited directly to his CIBC bank account. Roby made an assignment in bankruptcy, including an assignment of his bank account. Roby instructed the Employment Insurance Commission to disregard his direct deposit application. The Commission approved Roby’s application for benefits . . .
Azam v. Jan 2013 ABQB 30
Conflict of Laws – Family law – Divorce and annulment – Jurisdiction of court
Jan at all material times was married to Naz. Jan and Naz resided in Calgary. Jan also married Azam in a polygamous marriage in Pakistan. Polygamy was legal in Pakistan. Jan brought Azam to Canada. Subsequently, Azam sought a divorce. Jan sought a declaration that the marriage to Azam was void ab initio in Canada and an annulment. The Alberta Court of Queen’s Bench dismissed Azam’s . . .