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:
Courts / Insurance / Torts / Brokers / Criminal Law / Evidence
Courts – Insurance – Motor Vehicles – Statutes
Summary: The plaintiff, a farmer, was injured while driving an uninsured all-terrain vehicle (ATV) on a public road when he was struck from behind by a truck. The farmer and his family members (the plaintiffs) commenced an action against the driver of the truck, the truck owner and the farmer’s own automobile insurer (the defendants). The plaintiffs brought a pre-trial motion to determine whether their action was statute barred by s. 267.6(1) …
Courts – Torts
Summary: The Discipline Committee of the New Brunswick Real Estate Association (NBREA) held that Estabrooks had engaged in professional misconduct. The Committee assessed costs against Estabrooks and imposed a fine. Estabrooks appealed. The New Brunswick Court of Queen’s Bench, Trial Division, in a decision reported at (2003), 261 N.B.R.(2d) 260; 685 A.P.R. 260, allowed the appeal, holding that the Committee lacked jurisdiction to hear the complaint against Estabrooks. In 2009, Estabrooks sued the NBREA for malicious prosecution. The New …
Brokers – Torts
Summary: Desjardins Securities Inc. (DSI), a discount electronic trading broker, liquidated a number of trading options accounts held by Schellenberg, a sophisticated options trader, for failing to deposit cash or securities as demanded by DSI to satisfy margin calls. DSI claimed the shortfall of $61,203.48. Schellenberg advanced a counterclaim against DSI and three of its employees. His damage claim exceeded $2 million for alleged breaches of duty that “resulted in the decline of the value of his …
Criminal Law – Evidence
Summary: The accused appealed his convictions on one count of possession of child pornography (Criminal Code, s. 163.1(4)) and one count of making child pornography available (s. 163.1(3)). The charges arose after he downloaded, and consequentially shared with others by way of several file-sharing programs, files containing child pornography. The British Columbia Court of Appeal dismissed the appeal. The accused had raised a multitude of arguments concerning the trial court’s jurisdiction, the trial judge’s treatment of …
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