Summaries Sunday: Maritime Law Book

Criminal Law

The accused was charged with impaired driving and driving while over .08. The Saskatchewan Provincial Court, in a decision reported at 402 Sask.R. 135, found the accused not guilty. The Crown appealed. The Saskatchewan Court of Queen’s Bench, in a decision reported at 424 Sask.R. 135, allowed the appeal in part. The court remitted the matter to the trial judge to conduct a Grant analysis of the ss. 8 and 9 Charter infringements only. The Crown appealed. The Saskatchewan …

Evidence – Practice – Quebec Procedure

Dow Chemical manufactured gas tanks which were used by Bombardier in their Sea-Doo personal watercraft. Some of the gas tanks were defective, causing a recall of the watercraft by Bombardier. Lawsuits were launched against Bombardier. Bombardier commenced a multimillion action against Dow Chemical. The parties agreed to private mediation and signed a mediation agreement containing a confidentiality clause. At the mediation session, Dow Chemical offered to settle for $7 million. Bombardier accepted. Subsequently a dispute arose over the terms of the …

Criminal Law

S.H. was charged with sexually assaulting two of his neighbours on the same evening. The trial judge found that S.H.’s conduct occurred while he was in an automatistic state that was not caused by a mental disorder. He was found not guilty on all counts. The Crown appealed. The Ontario Court of Appeal allowed the appeal, set aside the acquittals and ordered a new trial on all counts confined to a determination of whether the accused’s automatism should …

Civil Rights – Criminal Law – Guardian and Ward – Police

The accused was charged with sexual assault, sexual interference, voyeurism (surreptitious recording), making child pornography, possessing child pornography, extortion and inviting sexual touching. The complainant was his step-daughter. At issue at trial was whether (1) the police seizure of the accused’s computer tower and/or (2) a social worker’s seizure of the accused’s computer discs, camcorder and mini DV tape constituted a breach of the accused’s s. 8 Charter rights. The Manitoba Court of …

Insurance – Releases – Waiver

The plaintiff was injured returning to Whistler Village after participating in a zip line experience operated by the defendant Ziptrek Ecotours Inc., when a bus operated by the defendant Charlton, an employee of Ziptrek, left the road leading to and returning from the zip line site. The defendants admitted that the accident occurred due to Charlton’s negligence, but argued that the claim was defeated by the document entitled “Release of Liability, Waiver of Claims Assumption of …

Family Law

The parties married in 1986 and divorced in April 2002. A March 2003 matrimonial property order entitled the wife to a portion of the husband’s pension. The husband remarried. Two issues arose. Firstly, under the provisions of the pension plan, the husband was required to name a “pension partner” which determined how long the pension would run. All benefits under the pension would end after he and his pension partner had died. Secondly, the husband was required to …

Civil Rights – Guardian and Ward

The Alberta Provincial Court granted the Director’s application for a permanent guardianship order (PGO) respecting four children of the respondent mother (A.R.). A.R. appealed. The Alberta Court of Queen’s Bench, in a decision reported at (2013), 562 A.R. 316, allowed A.R.’s appeal and revoked the PGO. The denial by the hearing judge to allow A.R. time to review the disclosure was unreasonable. The decision to refuse A.R. a short adjournment to obtain replacement counsel in effect denied her the right to …