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:
Evidence – Criminal Law – Practice
Evidence – Criminal Law
Summary: The accused was convicted of three counts of first degree murder respecting the deaths of his brother and his parents. At trial, a Crown witness, Toupin, testified that he and another man committed the murders and that they had been paid to do so by the accused. The accused appealed his convictions on two grounds: (1) that the trial judge erred when she permitted the Crown to lead evidence concerning the accused’s prior criminal involvement; …
R. v. Chambers (D.F.) 2014 YKCA 13
Civil Rights – Criminal Law
Summary: The accused, an aboriginal person, pleaded guilty to break, enter and commit assault, common assault and uttering threats. The Yukon Territorial Court, in a decision reported [2013] Yukon Cases Uned. (TC) 77, after considering the Gladue factors, imposed a global sentence of 15 months. The sentencing judge then considered whether the accused was entitled to enhanced credit for pre-sentence custody. The judge explained that the accused had spent two distinct periods of time in …
Brown v. Hudson’s Bay Co. et al. 2014 ONSC 5079
Practice
Summary: Brown brought an action to recover damages for injuries he sustained in a struggle with mall security guards. He claimed he was falsely arrested and that the guards used excessive force, thereby assaulting him. Daley, J., made an order requiring Brown to pay $30,000 into court as security for the defendants’ costs of discoveries and a pre-trial conference. Brown moved for leave to appeal. The Ontario Divisional Court, per Price, J., in a decision not reported in this …
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