ARCTIC OBITER

24 | ARCTIC OBITER
the trust actually takes place, not
(always) where the trustee lives.
LEAVES TO APPEAL
GRANTED
ABORIGINAL LAW: TREATY
RIGHTS; DUTY TO CONSULT
Sally Behn, et al. v. Moulton
Contracting Ltd., et al.
(B.C.C.A., July 6, 2011) (34404)
April 5, 2012
Is there a duty to consult, and what is
the content of that duty, with regard to
timber licences within aboriginalclaimed
land.
CIVIL PROCEDURE: REASONS FOR
JUDGMENT
Eric Victor Cojocaru, et al v. B.C.
Women's Hospital and Health Center
et al
(B.C.C.A., April 14, 2011) (34304)
April 5, 2012
To what extent can a trial judge adopt
submissions of counsel.
CRIMINAL LAW: FORFEITURE OF
OFFENCE-RELATED PROPERTY
Her Majesty the Queen v. Alphide
Manning
(Que. C.A., May 16, 2011) (34358)
February 23, 2012
In what circumstances can offencerelated
property be forfeited.
CRIMINAL LAW: HOURLY RATES
FOR AMICUS CURIAE
R. v. Criminal Lawyers Association,
et al
(Ont. C.A., April 19, 2011) (34317)
April 5, 2012
When amicus curiae is appointed by a
court, who pays, and how much.
CRIMINAL LAW: MURDER &
(ATTEMPTED) SUICIDE
Gauthier v. R.
(Que. C.A., July 26, 2011) (34444)
March 29, 2012
Is there first degree murder on the facts
of this case.
EMPLOYMENT LAW: PENSIONS
IBM Canada v. Waterman
(B.C.C.A., Aug. 2, 2011) (34472)
April 5, 2012
In a termination situation, should
pension benefits paid during the notice
period be deducted from a damages
award.
LABOUR LAW: RANDOM ALCOHOL
TESTING
Communications, Energy and
Paperworkers Union of Canada,
Local 30 v. Irving Pulp & Paper
(N.B. C.A., July 7, 2011) (34473)
March 22, 2012
Can an employer adopt a random
mandatory alcohol testing policy.
MARITIME LAW: LIMITATION
PERIODS
Marine Services International, David
Porter v. Estate of Joseph Ryan, et al
(NL. C.A., June 15, 2011) (34429)
April 5, 2012
Does a provincial limitation period
apply in a federal Marine Liability Act
proceeding.
PENSIONS IN QUEBEC
Régie des rentes du Québec v. Canada
Bread Company Ltd., et al.
(Que. C.A., Aug. 22, 2011) (34505)
March 29, 2012
Are certain clauses of a private pension
plan that authorizes an employer to
reduce pensions after closing down
lawful.
TORTS: MED MAL
Cassidy Alexis Ediger, an infant by
her Guardian Ad Litem, Carolyn
Grace Ediger v. William G. Johnston
(B.C.C.A., May 30, 2011) (34408)
February 23, 2012
Should availability of a back-up
caesarian section be confirmed before
attempting a rotational mid-level
forceps delivery.
Eugene Meehan, QC, is a Litigation Partner at
Supreme Advocacy LLP, Ottawa. His primary
area of work is with the Supreme Court of
Canada, mainly assisting other lawyers in
taking cases (both Leave to Appeal and
Appeal), and complex legal opinions. For
previous summaries, and to keep up-to-date
with all SCC appeals and leave to appeals,
contact Eugene at
emeehan@supremeadvocacy.ca.