Violence

20 | ARCTIC OBITER
help”
many domestic relationships involve
the mutual conferral of benefits, in
the sense that each contributes in
various ways to the welfare of the
other; this issue should, (with a small
exception), be addressed at the
defence and remedy stage
the parties' reasonable or legitimate
expectations have a limited role, and
must be considered in relation to
whether there is a juristic reason for
the enrichment.
CLASS ACTIONS IN QUEBEC:
DEFAMATION
Bou Malhab v. Diffusion Métromédia CMR inc.
(Que. C.A., Dec. 15, 2009) (32931)
2011 SCC 09 (CanLII) | February 17, 2011
A defamation action is not the
appropriate recourse in all cases of
racism or discrimination, and is not the
appropriate recourse in this particular
case.
CONSTITUTIONAL LAW: FEDERAL-
PROVINCIAL COST-SHARING
AGREEMENT
Québec (Attorney General) v. Canada (Fed. C.A.,
December 9, 2009) (33524)
2011 SCC 11 (CanLII) | March 3, 2011
Social services provided in schools were
not part of the Canada Assistance Plan,
and residential support services
provided to persons with disabilities
were cost-shared under a separate Act
of Parliament.
CHARTER: EQUALITY;
DISCRIMINATION BASED ON AGE
Withler v.Canada (Attorney General)(B.C.C.A.,
December 23, 2008)( 33039)
2011 SCC 12 (CanLII) | March 4, 2011
It is constitutionally not discriminatory
for federal statutes
to reduce
supplementary death benefits to
widows based on the age of their
husbands at the time of death.
CRIMINAL LAW: (MILITARY)
SENTENCING
R. v. St-Onge (Court Martial Appeal Court of
Canada, August 20, 2010) (33864)
2011 SCC 16 (CanLII) | April 1, 2011
The appeal in this case, brought under
s. 245(2)(a) of the National Defence Act is
a proper as of right appeal. It was not
open to the C.A. below to interfere with
the trial judge's decision, the C.A. is
overturned, and the trial judge upheld.
CRIMINAL LAW: POST-OFFENCE
CONDUCT JURY CHARGES
R. v. White (B.C.C.A., May 10, 2010) (33464)
2011 SCC 13 (CanLII) | March 11, 2011
He who hesitates is guilty, of
manslaughter, not murder.
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LEAVE TO APPEALS
GRANTED
CIVIL PROCEDURE: ISSUE
ESTOPPEL
Wayne Penner v. Regional Municipality of Niagara
Regional Police Services Board, Gary E. Nicholls,
Nathan Parker, Paul Koscinski and Roy
Federkow (Ont. C.A., September 27, 2010) (33959)
March 24, 2011
In the context of someone arrested for
causing a disturbance in court during a
trial, is there issue estoppel when the
following hearings/tribunals dealt with
the matter: hearing officer appointed
under the Police Services Board;
Civilian Commission on Police Services;
Divisional Court; Ontario Superior
Court; Ontario C.A.
COMMUNICATIONS LAW: DO
ISP'S "BROADCAST"
Alliance of Canada Cinema, et al v. Bell Aliant
Regional Communications, et al (Fed. C.A., July 7,
2010) (33884)
March 24, 2011
Do retail ISPs carry on, in whole or in
part, "broadcasting undertakings"
subject to the federal Broadcasting Act,
when, in their role as ISPs, they provide
access through the internet to
"broadcasting" requested by end-users.
CONSTITUTIONAL LAW: DIVISION
OF POWERS
Tessier Ltée v. Commission de la santé et de la
sécurité du travail - and - Commission des lésions
professionnelles (Que. C.A., September 13, 2010)
(33935) March 24, 2011
Where a business rents cranes for
various purposes, including loading
and unloading ships, also engages in