36986  Dennis James Oland v. Her Majesty the Queen

(NB)

Criminal law – Judicial interim release or bail – Release after trial, pending appeal

The applicant, Mr. Oland, was tried for the second degree murder of his father by a judge sitting with a jury. Mr. Oland was convicted and sentenced to life imprisonment without eligibility for parole for 10 years. Mr. Oland filed a Notice of Appeal against his conviction in the New Brunswick Court of Appeal on January 20, 2016. On that same date, Mr. Oland filed a motion for release pending his appeal. The motion was dismissed by Richard J.A. and later, a three-member panel of the Court of Appeal confirmed that decision. Mr. Oland’s appeal against conviction is scheduled to be heard (before the New Brunswick Court of Appeal), beginning October 18, 2016. In the meantime, Mr. Oland is applying to the Supreme Court for leave to appeal the release pending appeal decision only. The applicant’s motion to expedite the application for leave to appeal is granted. The application for leave to appeal is also granted. The Court directed the Registrar to set the appeal for hearing as early as possible in the Fall session.

36919   Desjardins Financial Security Life Assurance Company v. Mariette Émond, Victor Foisy and Sabrina Foisy

(QC)

Insurance

On July 7, 2009, the applicant issued an accident insurance contract in the name of the late Sébastien Foisy, which provided, inter alia, for the payment of $56,000 if he died as a result of an accident. The succession of the late Sébastien Foisy, namely his legal heirs, was the beneficiary of that payment. The day after the insurance contract was issued, the late Sébastien Foisy was intercepted while riding his motorcycle alone at a speed exceeding the speed limit. This was followed by a high‑speed police chase over about 20 kilometres in residential and rural areas, which ultimately ended with the death of the late Sébastien Foisy, the respondents’ son or brother, as the case may be. During the chase, the police officer lost control of his vehicle in the same place where the late Sébastien Foisy had himself already lost control of his motorcycle. The police car left the road and struck the late Sébastien Foisy, who was then cared for by paramedics, who took him to the hospital, where he died less than an hour later.

The accident insurance contract contained an exclusion clause stating that there was no entitlement to payment under the contract [translation] “if the accident occurs while the insured is participating in any indictable offence or any act related thereto”. The applicant relied on that clause to support its refusal to pay the indemnity to the succession of the late Sébastien Foisy. The Court of Québec allowed the action. The Quebec Court of Appeal dismissed the appeal.