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Service d'actualité juridique LAW/NET^MC

Vous trouverez ici le sommaire de décisions récentes revêtant un intérêt particulier. Vous pouvez commander des exemplaires en texte intégral des décisions via le service QUICKFAX et QUICKCOPY.

Mise à jour le 9 mars 2010

R. v. Kematch and McKay (Criminal law; Man. C.A.; March 4, 2010) -- Two accused were convicted of first degree murder of a five-year-old child as their confinement and domination of her were sufficiently closely linked to what brought about the death.

F.C. v. Canada (Attorney General) (Droit constitutionnel; Droit de la famille; QCCS; 24 février 2010) -- L'article 67 de la Loi d'aide à l'exécution des ordonnances et des ententes familiales porte atteinte à l'article 6(1) de la Charte canadienne des droits et libertés, mais l'atteinte est justifiée en vertu de l'article 1 -- Section 67 of the Family Orders and Agreements Enforcement Assistance Act, while violating section 6(1) of the Canadian Charter of Rights and Freedoms, is justified under section 1.

Fulawka v. Bank of Nova Scotia (Civil litigation, Employment law; Ont. Superior Ct. of Justice; February 19, 2010) -- Certification of class action claiming overtime pay owing to Scotiabank sales staff allowed.

R. v. Schoenborn (Criminal law; B.C.S.C.; February 22, 2010) -- Accused guilty on three counts of first degree murder of his children, but he was not criminally responsible on account of mental disorder.

R. c. Namouh (Droit criminel; Détermination de la peine; QCCQ; 17 février 2010) -- Peine d'emprisonnement à perpétuité sans possibilité de libération conditionnelle avant dix ans imposée à Namouh qui a été trouvé coupable de complot à l'engin explosif et d'activités liées au terrorisme. -- Namouh was handed a life sentence with no chance of parole for 10 years after being convicted of conspiring to commit a bomb attack and other terrorism-related charges.

P.H. v. Eastern Regional Integrated Health Authority (Wills, estates and trusts law; Nfld. and Labrador Supreme Court; February 17, 2010) -- Self-harming teenager lacked ability to appropriately weigh her possible treatment options.

Newfoundland and Labrador (Attorney General) v. Newfoundland and Labrador (Information and Privacy Commissioner) (Civil litigation, Government law, Professional responsibility; Nfld. and Labrador Supreme Court; February 16, 2010) -- Information and Privacy Commissioner was not entitled to review materials claimed as solicitor-client privileged.

British Columbia (Workers' Compensation Board) v. British Columbia (Human Rights Tribunal) (Human rights law, Administrative law; B.C.C.A.; February 17, 2010) -- Human Rights Tribunal has the power to hear complaints that the chronic pain policy of the Workers Compensation Board is discriminatory even though the same issue had already been dealt with by the Board.

R. v. De Zen (Criminal law; Ont. Superior Ct. Of Justice; February 11, 2010) -- Discretionary decision by D.P.P. to compel accused to be tried by judge and jury led to inference that decision was based on partisan considerations and resulted in an abuse of process.

Manitoba (Child and Family Services, Director) v. D.M.P. (Family law, Constitutional law; Man. Q.B.; February 11, 2010) -- Permanent foster care awarded because emotional well-being of children endangered by parents' actions and white supremacist teachings.

R. c. Jones (Droit criminel, Détermination de la peine; QCCQ; 15 février 2010) -- Jones, qui a plaidé coupable à deux chefs de fraude totalisant plus de 50 millions de dollars, est condamné à une peine de 11 ans d'emprisonnement.

KRP Enterprises Inc. v. Haldimand (County) (Civil litigation; Ont. Superior Ct. of Justice; February 8, 2010) -- Certification of class action on behalf of proposed business and property owners for ngegligence and breach of statutory duty against OPP and Ontario Crown arising from aboriginal occupation at Caledonia allowed.

Leering v. College of Chiropractors of Ontario (Health law, Professional responsibility, Administrative law; Ont. C.A.; February 2, 2010) -- Leering's certificate of registration appropriately revoked pursuant to zero-tolerance mandatory revocation provision in the Health Professions Procedural Code.

R. v. Brotherston (Criminal law; B.C. Supreme Ct.; January 29, 2010) -- The accused and his sons were acquitted of second degree murder because they acted in self-defence when they beat and choked the victim to death at a crack house.

Felipa v. Canada (Minister of Citizenship and Immigration) (Civil litigation, Constitutional law, Immigration law, Legal profession; Federal Ct.; January 26, 2010) -- Mandatory retirement provisions of s. 8(2) of the Federal Courts Act did not preclude a person over the age of 75 from acting as a deputy judge.

F.L. c. Lesage (Procédure civile, Responsabilité civile; QCCS; 18 janvier 2008) -- Une avocate est déclarée plaideure quérulente après avoir poursuivi deux médecins lui ayant donné raison dans des procédures entreprises contre la Régie des Rentes. -- An attorney was declared a vexatious litigant after bringing an action against two physicians who had sided with her in proceedings against the Quebec Régie des Rentes.

R. v. Schmidt (Natural resources law, Criminal law, Statutory interpretation; Ont. Court of Justice; January 21, 2010) -- Schmidt's distribution of unpasteurized dairy products was reserved solely for paid-up and fully informed cow-share program members.

Griffin v. Dell Canada (Alternative dispute resolution, Civil litigation, Commercial law; Ont. C.A.; January 20, 2010) -- Trial judge reasonably concluded enforcing arbitration clause in sale agreements would prevent individual computer purchasers from accessing justice through a class proceeding.

Chippewas of Mnjikaning First Nation v. Ontario (Minister of Native Affairs) (Aboriginal law, Government law, Legal profession, Professional responsibility; Ont. C.A.; January 22, 2010) -- There was an abundance of evidence that revenue sharing on the basis of a fund of gaming revenues from Casino Rama would be the subject of post-selection negotiations among First Nations.

Ontario (Attorney General) v. Ontario (Review Board) (Criminal law, Administrative law; Ont. C.A.; January 21, 2010) -- Ontario Review Board lacked jurisdiction under the Criminal Code to order the Attorney General to pay for independent psychiatric assessment.

R. v. Amara (Criminal law; Ont. Sup. Ct. Of Justice; January 18, 2010) -- Life sentence without parole eligibility for ten years warranted for offender's leadership role in terrorist plot that if executed, had catastrophic consequences with a potential loss of life that was unprecedented in Canada.

R. v. D.G.F. (Criminal law, Information technology; Ont. C.A.; January 18, 2010) -- Seven year sentence substituted as sentence imposed at trial manifestly unfit and did not adequately reflect gravity of offender's conduct and level of moral blameworthiness.

Hawkins v. Ontario (Attorney General) (Tort law, Professional responsibility, Legal profession; Ont. Superior Ct. of Justice; January 14, 2010) -- Genuine issues for trial existed for malicious prosecution against two former Crown prosecutors.

R. v. G.C. (Criminal law; Ont. Superior Ct. of Justice; January 12, 2010) -- Accused could not be guilty of manslaughter in death of Jane Creba merely because he was present when his companions committed murder.

Callaghan v. Canada (Chief Electoral Officer of Canada) (Government law; Federal Court; January 18, 2010) -- Elections Canada improperly refused to reimburse Conservative candidates for their advertising expenses during 2006 elections.

PHS Community Services Society v. Canada (Attorney General) (Criminal law, Constitutional law, Health law; B.C.C.A.; January 15, 2010) -- Supervised drug injection service did not undermine federal goals of protecting health or eliminating market that drove drug-related offences.

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