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:
Citizenship / Limitations of actions / Civil Rights / Banks and Banking / Consumer Law / Creditors and Debtors

Jia v. Canada (Minister of Citizenship and Immigration) 2014 FC 596
Administrative Law – Aliens – Civil Rights – Constitutional Law – Courts
Summary: In 2014, individuals who sought to immigrate to Canada in the investor class applied for mandamus to compel the Minister of Citizenship and Immigration to process their applications which had been filed between 2008 and 2010. They also sought Charter relief because of the delay in processing the applications. The Federal Court dismissed the applications, but certified two related questions for appellate consideration. …

Knibb v. Foran et al. 2014 ABCA 303
Limitation of Actions – Statutes
Summary: Knibb was cognitively and physically disabled as a result of being struck by a vehicle while walking on June 5, 2004. Foran drove the vehicle. On December 13, 2004, Knibb’s mother (Noren) was appointed trustee and guardian for her son pursuant to the Dependant Adults Act. As a result, Noren was given the power to commence and settle litigation relating to Knibb’s estate. The appointment was continued pursuant to the Adult Guardianship and Trusteeship …

R. v. Mack (D.R.) 2014 SCC 58
Civil Rights – Criminal Law
Summary: A jury convicted Mack of the first degree murder of his roommate: see (2007), 458 A.R. 52. At his trial, the Crown conceded that the wiretap authorization had been obtained in violation of s. 8 of the Charter. The accused moved to have the statements he made during the “Mr. Big” operation (none of which were recorded on the wiretaps) excluded under s. 24(2) of the Charter. The trial judge concluded that s. 24(2) was …

Marcotte v. Fédération des caisses Desjardins du Québec 2014 SCC 57
Banks and Banking – Constitutional Law – Consumer Law – Creditors and Debtors – Damages – Negotiable Instruments – Quebec Obligations
Summary: At issue in this class action was whether the Fédération des caisses Desjardins du Québec disclosed conversion charges on purchases in foreign currencies to its credit cardholders in a manner that complied with the Quebec Consumer Protection Act (CPA) (s. 12). Marcotte was the representative plaintiff. The Quebec Superior Court, in a decision with neutral citation QCCS 2743, Gascon J., found inter alia, that …

Bank of Montreal v. Marcotte et al. 2014 SCC 55
Banks and Banking – Constitutional Law – Consumer Law – Creditors and Debtors – Damage Awards – Damages – Practice – Quebec Procedure
Summary: This class action and two others were launched, seeking repayment of the conversion charges imposed by several credit card issuing financial institutions (banks) on credit card purchases made in foreign currencies primarily on the basis that the conversion charges violated Quebec’s Consumer Protection Act (CPA). The representative plaintiffs were two individuals, Marcotte and Laparé. The banks argued that the CPA did …

Amex Bank of Canada v. Adams et al. 2014 SCC 56
Banks and Banking – Constitutional Law – Consumer Law – Creditors and Debtors – Quebec Obligations
Summary: This class action was authorized respecting repayment of the conversion charges imposed by Amex Bank of Canada on credit card and charge card purchases made in foreign currencies primarily on the basis that the conversion charges violated Quebec’s Consumer Protection Act (CPA). The class included both consumer and non-consumer cardholders of both credit and charge cards. Charge cards were similar to credit cards, except that the balance …