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:
Municipal property tax / Admissibility of evidence / Judicial review of administrative board / Constitutional language rights:
Toronto (City) v. Municipal Property Assessment Corp. et al. 2013 ONSC 6137
Real Property Tax – Assessment appeals – Provincially or municipally appointed tribunal or board – Jurisdiction – General
This case involved two properties in the City of Toronto, both of which historically had been exempt from paying municipal property tax, one because it was occupied by a church, and the other because it was occupied by a school. The properties were assessed in the normal course over the years by the Municipal Property Assessment Corporation (MPAC) and a current value was . . .
R. v. Soh (G.N.) 2014 NBQB 20
Criminal Law – Evidence and witnesses – Admissions – Based on hearsay
The accused was charged with sexual assault. The complainant claimed that she had an online conversation with the accused on Facebook the day after the alleged offence. At issue was the admissibility of six photos of the complainant’s computer screen showing the conversations as well as the printouts of five screen captures from the complainant’s computer on which the conversation could be read. The New Brunswick Court of Queen’s . . .
Powerline Plus Ltd. v. Ontario Energy Board 2013 ONSC 6720
Administrative Law – Boards and tribunals – Judicial review – Standard of review
Powerline Plus Ltd. and Langley Utilities Contracting Ltd. appealed a decision of the Ontario Energy Board. At issue was whether s. 73(1) of the Energy Board Act (Ont.) permitted an affiliate of a municipally-owned electricity distributor to undertake the provision of street lighting services as a business activity, whether inside or outside of the licensed service area of the affiliated electricity distributor. The Ontario Divisional Court dismissed the . . .
R. v. Caron (G.) et al. 2014 ABCA 71
Constitutional Law – Language rights – General principles – Source of language rights
The accused’s mother tongue was French. He was charged with an offence under the Traffic Safety Act (Alta.) and its Use of Highways and Rules of Road Regulations. This legislation was enacted, printed and published in English only by virtue of s. 3 of the Languages Act (Alta.). The accused argued that his constitutional language rights were violated because the relevant legislation was not published in French. The . . .