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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:
Armed Forces / Civil Rights / Injunctions / Gifts / Practice / Trusts / Wills

Armed Forces – Civil Rights

Summary: The accused, a Private in the armed forces, was charged with a number of sexual offences, including voyeurism (Criminal Code, s. 162(5)) and possession of child pornography (s. 163.1(4)). A Standing Court Martial convicted the accused (2012 CM 3009). The accused appealed, arguing that s. 130(1)(a) of the National Defence Act, which provided for service trials for civil offences, was unconstitutional. The accused argued further that the trial judge erred in refusing to exclude …

Injunctions

Summary: The plaintiff, Equustek Solutions Inc., obtained an interim injunction restraining Google Inc. (a non-resident non-party) from indexing or referencing specific websites in search results on its search engines. The order was made with a view toward limiting access to websites through which the defendants in the underlying action had been advertising and selling products in breach of the plaintiffs’ intellectual property rights and contrary to court orders. (See [2014] B.C.T.C. Uned. 1063; 2014 BSCS 1063). Google Inc. applied …

Gifts – Practice – Trusts – Wills

Summary: Under a “Conditional Donation Agreement” (Agreement) between Lloyd and Lily Norman and the Watch Tower Bible and Tract Society of Canada (Society), donations were made by the Normans to the Society. Dana Norman was the administrator for the estate of Lloyd Norman (Estate). She applied, after the Normans’ death, to recover the $250,000 balance of the donations that the Normans had made to the Society under the Agreement. The British Columbia Supreme …

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