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:
Expert evidence / Retroactive maintenance / Stay of proceedings:
R. v. Sekhon (A.S.) 2014 SCC 15
Evidence – Opinion evidence – Expert evidence – General – Acceptance, rejection and weight to be given to expert opinion
A truck driven by the accused was stopped at the border by Canada Customs inspectors. The accused was questioned, then his truck was searched. Fifty kilograms of cocaine was found inside a hidden compartment in the truck bed. The accused was convicted of importing cocaine and possessing cocaine for the purposes of trafficking. The accused appealed. The British Columbia Court of . . .
Calver v. Calver 2014 ABCA 63
Family Law – Divorce – Corollary relief – Maintenance and awards – Retroactive awards
A father applied to vary child support payable for the parties’ three children. The mother cross-applied for retroactive child support and retroactive s. 7 expenses on the basis that the father’s income had increased. The eldest child was no longer a child of the marriage and one of the two remaining children now lived with the father.
The Alberta Court of Queen’s Bench, in a decision reported . . .
R. v. Babos (A.) 2014 SCC 16
Civil Rights – Canadian Charter of Rights and Freedoms – Denial of rights – Remedies – Stay of proceedings
The accused were charged with 22 offences involving firearms, drugs and organized crime. Six months into the trial, the accused applied under s. 24(1) of the Charter to stay the proceedings for abuse of process. The accused alleged three separate incidents of state misconduct that, while admittedly not affecting trial fairness, did undermine the integrity of the judicial process (residual category): (1) . . .