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: Arbitration – Estoppel – Administrative Law – Practice – Courts – Criminal Law – Evidence – Police

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383
Arbitration – Estoppel
Summary: The appellant appealed a chambers judge’s decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards. …

Warman et al. v. Law Society of Alberta 2015 ABCA 368
Administrative Law – Practice
Summary: The Conduct Committee of the Law Society of Alberta discontinued discipline proceedings against a lawyer without notice to the two people who had filed the complaint in the first place (i.e., the complainants). The complainants applied for judicial review of the discontinuance. The Law Society subsequently applied for summary judgment to dismiss the judicial review application. …

Police Complaint Commissioner (B.C.) v. Abbotsford Police Department et al. 2015 BCCA 523
Courts – Criminal Law – Evidence – Police
Summary: The Police Complaint Commissioner of British Columbia (PCC) appealed from a decision of Cullen, A.C.J., reported at [2015] B.C.T.C. Uned. 978. The appeal raised two primary issues. The first was one of appellate jurisdiction. It required the court to characterize the nature of the order from which the appeal was taken as either criminal or civil. …