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:
Land titles / Conflict of laws / Industrial safety / Service of subpoena in another province / Interlocutory or interim injunctions:
Royal Bank of Canada v. Marmura et al. 2014 NSSC 17
Real Property – Title, registration of instruments, etc. – Land titles system – Effect of notice of unregistered encumbrances
An Agreement of Purchase and Sale was entered into and eventually closed. However, before the closing and the registration of the resulting deed, the two applicant banks each recorded a judgment against one of the two vendors. The lawyer acting for all the parties to the Agreement did not search the Judgment Roll prior to closing the transaction and he was consequently . . .
Quadrangle Holdings Ltd. v. Coady et al. 2013 NSSC 416
Conflict of Laws – Actions – General – Forum conveniens – Where forum deferred to statutorily barred
In its action, Quadrangle Holdings Ltd. claimed that Coady used his position in Shannon International Resources Inc. to misappropriate some of Quadrangle’s shares in Rally Energy Ltd., of which Coady was also an officer and director. The Rally shares had been pledged by Quadrangle to Shannon as security for Quadrangle’s promise to pay for some shares in Shannon. Although some of the companies were . . .
Ontario (Minister of Labour) v. Flex-N-Gate Canada Co. 2014 ONCA 53
Trade Regulation – Industrial safety – Particular offences – Sentences – Considerations on imposing sentence
An employer breached the Occupational Health and Safety Act resulting in a workplace accident. A government inspector investigated the accident and ordered the employer to comply with the Act. The employer did so. The employer was convicted of two offences under the Act: (1) failing to ensure that material was moved in a manner that did not endanger the safety of a worker and (2) failing . . .
Export Inc. v. Maple Syrup Producers 2013 NBCA 61
Practice – Evidence – Subpoena – Issued for service in another province – General
A New Brunswick company and its director (interested parties) purchased maple syrup from New Brunswick, Quebec and Ontario producers, which it transformed into maple products to export on the provincial, interprovincial and international markets. The Federation of Quebec Maple Syrup Producers discovered that the interested parties purchased maple syrup from Quebec producers without the permission of the Federation, contrary to Quebec legislation. The Federation applied to the . . .
Cockeram v. College of Physicians and Surgeons (N.B.) 2013 NBQB 197
Injunctions – Interlocutory or interim injunctions – General principles respecting grant of interlocutory or interim injunction
The applicant was a medical doctor in the City of Saint John. He faced charges of sexual assault arising from criminal complaints of nine former patients. Concurrently, 19 former patients had made complaints to the College of Physicians and Surgeons of New Brunswick. The College referred the matter to its Complaints and Registration Committee (Complaints Committee), which under the Medical Act had the powers to . . .