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:
Medical malpractice / Employment and discrimination / Building contracts and sureties:
Manary v. Strban et al. 2013 ONCA 319
Medicine – Liability of practitioners – Negligence – Team leader (incl. Most Responsible Practitioner/Physician)
A pregnant woman was admitted to hospital with chest pains. On the day she was to leave the hospital she died of a ruptured aorta/aneurism. Her baby was delivered by an emergency Caesarian section. The woman’s family brought a medical negligence suit against an obstetrician, who pursuant to hospital policy was the Most Responsible Practitioner/Physician for the woman’s care, a radiologist and the respirologist. The Ontario Superior . . .
Canadian National Railway v. Seeley et al. 2013 FC 117
Civil Rights – Discrimination – Employment – What constitutes discrimination
Seeley complained that her employer, the Canadian National Railway (CN), discriminated against her based on family status by failing to accommodate her parental childcare obligations and by terminating her employment. The Canadian Human Rights Tribunal allowed the complaint. CN applied for judicial review. The Federal Court dismissed the application.
APM Construction Services Inc. et al. v. Caribou Island Electric Ltd. et al. 2013 NSCA 62
Building Contracts – Labour and material payment bonds – Liability of surety – Extent of surety’s obligation
The Province of Nova Scotia retained APM Construction Services to act as the general contractor for renovations to one of its buildings. APM took out a payment bond with Travelers Guarantee Company of Canada. APM retained Caribou Island Electric Inc. to supply material and services on the project. Caribou retained a company carrying on business as Advance Cabling Systems (ACS) to supply material and . . .




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