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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:
Standing in class actions / Release or detention pending criminal trial / Accused’s right to speedy trial / Assault and HIV positive accused:

Sun-Rype Products Ltd. et al. v. Archer Daniels Midland Co. et al. 2013 SCC 58
Practice – Persons who can sue and be sued – Individuals and corporations – Status or standing – Class or representative actions – For damages
High-fructose corn syrup (HFCS) was a sweetener used in various food products. The defendant companies were the leading producers of HFCS in North America. The representative plaintiffs brought a class action pursuant to British Columbia’s Class Proceedings Act (CPA), alleging that the defendants engaged in an illegal conspiracy to fix the price of HFCS resulting in . . .

Pro-Sys Consultants Ltd. et al. v. Microsoft Corp. et al. 2013 SCC 57
Practice – Persons who can sue and be sued – Individuals and corporations – Status or standing – Class actions – Aggregate damages
The representative plaintiffs, Pro-Sys Consultants Ltd. and Godfrey (collectively “Pro-Sys”) brought a class action against Microsoft Corporation and Microsoft Canada Co./Microsoft Canada CIE (collectively “Microsoft”) alleging that Microsoft engaged in unlawful conduct by overcharging for its Intel-compatible PC operating systems and Intel-compatible PC applications software. Pro-Sys sought certification of the action as a class proceeding under British Columbia’s . . .

R. v. McCallum (N.J.) 2013 ABQB 175
Criminal Law – Compelling appearance, detention and release – Interim release or detention of accused pending trial or appeal – Review
In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, “Changes to s. 525 Detention Review and s. 520 Bail Review Hearings” under the Criminal Code. An issue arose as to whether a s. 525 detention review was a one-time only application or whether a new application by the institution every . . .

Infineon Technologies AG et al. v. Option consommateurs et al. 2013 SCC 59
Practice – Persons who can sue and be sued – Individuals and corporations – Status or standing – Class actions – Aggregate damages
The appellants were manufacturers of the dynamic random-access memory chip (DRAM), which was used in a wide range of electronic devices. The respondent, Option consommateurs, alleged that the appellants conspired to inflate the price of DRAM, which artificially inflated the prices of DRAM and products containing DRAM sold in Quebec. It alleged that the appellants failed to discharge . . .

R. v. Bowden (J.R.) 2013 ABQB 178
Civil Rights – Trials – Due process, fundamental justice and fair hearings – Speedy trial – Accused’s right to – What constitutes “within a reasonable time”
In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, “Changes to s. 525 Detention Review and s. 520 Bail Review Hearings” under the Criminal Code. A number of issues arose regarding s. 525.
The Alberta Court of Queen’s Bench held that the primary focus of . . .

R. v. Bear (C.W.) 2013 MBCA 96
Criminal Law – Assaults – Aggravated assault – HIV-positive accused
The accused was charged, inter alia, with one count of aggravated assault for spitting in a police officer’s face at the police station. The accused was HIV positive.
The Manitoba Court of Queen’s Bench, in a decision reported at 267 Man.R.(2d) 291, held that the Crown failed to prove the offence of aggravated assault beyond a reasonable doubt, but convicted the accused of simple assault. The Crown appealed.
The Manitoba Court . . .

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