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:
Criminal Law – Evidence – Torts – Contempt – Police – Securities Regulation

Henry v. British Columbia (Attorney General) et al. 2015 SCC 24
Barristers and Solicitors – Civil Rights – Criminal Law
Summary: Henry was convicted in 1983 of 10 sexual offences involving eight complainants. He was declared a dangerous offender and sentenced to an indefinite period of incarceration. He remained imprisoned for almost 27 years. The British Columbia Court of Appeal, in a decision reported at (2010), 294 B.C.A.C. 96; 498 W.A.C. 96, quashed all 10 convictions and substituted acquittals, finding serious errors in the conduct of the trial and concluding that the …

Abbott and Haliburton Co. Ltd. et al. v. WBLI Chartered Accountants 2015 SCC 23
Evidence – Practice
Summary: The plaintiffs sued for negligent misrepresentation alleging that the audited financial statements of AWARD Wholesale and Retail Distributors Ltd. were prepared negligently by the defendants, contained incorrect and misleading information, were not performed in accordance with General Assurance and Auditing Standards, and contained material deviations from Generally Accepted Accounting Principles. The defendants denied the allegations and filed a motion for summary judgment. In response, the plaintiffs filed affidavits of O’Hearn, who dealt with AWARD as a sales …

Sabourin and Sun Group of Companies v. Laiken 2015 SCC 17
Barristers and Solicitors – Contempt – Practice
Summary: Sabourin and Laiken were involved in protracted litigation. Laiken obtained a Mareva injunction against Sabourin, freezing Sabourin’s assets on strict terms. Sabourin gave his lawyer (Carey) a $500,000 cheque. Carey deposited the cheque in his trust account. He subsequently deducted $60,000 for his outstanding fees and returned the balance to Sabourin. Laiken sued Carey alleging, inter alia, negligence in relation to his return of the $440,000 to Sabourin in breach of the Mareva injunction. Laiken …

Figueiras v. York (Regional Municipality) et al. 2015 ONCA 208
Civil Rights – Police – Torts
Summary: During the 2010 G20 summit in Toronto, the applicant and his friends went downtown to demonstrate in support of animal rights. While walking down the street, they were stopped by police officers, who told them if they wanted to proceed any further, they would have to submit to a search of their bags. The applicant refused. The police would not let him proceed. The applicant maintained his refusal to submit to a search and …

Theratechnologies Inc. et al. v. 121851 Canada Inc. 2015 SCC 18
Securities Regulation
Summary: Theratechnologies Inc. (Thera) was a pharmaceutical research and development company based in Montreal and listed on the Toronto Stock Exchange. 121851 Canada Inc. was a holding company which owned shares in Thera. Thera filed a new drug application with the U.S. Food and Drug Administration (FDA) for tesamorelin, a drug to reduce excess abdominal fat among HIV patients. As part of the approval process, the FDA referred a number of questions about the drug to an expert Advisory …