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THECOURT.CA
DELAY IN ADMINISTRATIVE PROCEEDINGS The Court has been asked to revisit the framework for administrative delay established in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 . This comes after the Saskatchewan Court of Appeal (“SKCA”) arguably lowered the high threshold for finding that delay amounts to an abuse of process warranting a stay of SUPREME COURT OF CANADA EXPANDS ON THE HONOUR OF THE CROWN Back in 1869, present-day Manitoba’s Red River Settlement was a lively Métis community that was growing and developing while, further East, the country of SETTING THE SCENE: R V LE AND THE IMPORTANCE OF CONTEXT IN The Facts. Both the majority and dissenting judgements agree that Mr. Le was detained by the police. The key issue for both the s. 9 analysis—whether the detention was arbitrary or not—and the s. 24 analysis—whether the evidence should be excluded—turn on when the detention “crystallized” ( R v Le, para 30). This determination THE SUPREME COURT OF CANADA CLARIFIES THE LAW OF INFORMER On 12 February 2013, the Supreme Court of Canada (SCC) clarified the law of evidence with respect to police informer privilege in R v Named Person B ().B offered to provide a police force in Quebec with information about violent crimes and received a promise ofconfidentiality.
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPON This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that R V VU: THE SCC RULES THAT COMPUTERS REQUIRE DISTINCTIVE In R v Vu, 3 SCR 657 , a landmark decision regarding section 8 of the Canadian Charter of Rights and Freedoms , the Supreme Court of Canada unanimously ruled that specific prior authorization is needed to search individuals’ computers and similar devices.. Facts and Judicial History. Following suspicions that the appellant Thanh Long Vu was stealing electricity, Constable R V MCNEIL: THE DUTY TO DISCLOSE POLICE MISCONDUCT RECORDS On January 16, 2009, the Supreme Court of Canada released judgment in R v McNeil, 2009 SCC 3, a case that looks at the Crown’s duty to disclose police records relating to findings of misconduct by police officers involved in the investigation against the accused as part of the first party disclosure package.. Background. Constable Rodney Hackett was one of the Barrie police officers who BREACH OF THE PEACE: POLICE POWERS TO MAKE ARRESTS Under the common law, police have the power to arrest people in order to prevent a “breach of the peace” when the police do not have grounds to make an arrest pursuant to the Criminal Code . A breach of the peace is defined in Brown v Durham Regional Police Force, O.J. No. 5274 (CA) as an “act or actions which result in actual or HER MAJESTY THE QUEEN V. CAMECO CORPORATION: A TRANSFERSEE MORE ONTHECOURT.CA
DELAY IN ADMINISTRATIVE PROCEEDINGS The Court has been asked to revisit the framework for administrative delay established in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 . This comes after the Saskatchewan Court of Appeal (“SKCA”) arguably lowered the high threshold for finding that delay amounts to an abuse of process warranting a stay of SUPREME COURT OF CANADA EXPANDS ON THE HONOUR OF THE CROWN Back in 1869, present-day Manitoba’s Red River Settlement was a lively Métis community that was growing and developing while, further East, the country of SETTING THE SCENE: R V LE AND THE IMPORTANCE OF CONTEXT IN The Facts. Both the majority and dissenting judgements agree that Mr. Le was detained by the police. The key issue for both the s. 9 analysis—whether the detention was arbitrary or not—and the s. 24 analysis—whether the evidence should be excluded—turn on when the detention “crystallized” ( R v Le, para 30). This determination THE SUPREME COURT OF CANADA CLARIFIES THE LAW OF INFORMER On 12 February 2013, the Supreme Court of Canada (SCC) clarified the law of evidence with respect to police informer privilege in R v Named Person B ().B offered to provide a police force in Quebec with information about violent crimes and received a promise ofconfidentiality.
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPON This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that R V VU: THE SCC RULES THAT COMPUTERS REQUIRE DISTINCTIVE In R v Vu, 3 SCR 657 , a landmark decision regarding section 8 of the Canadian Charter of Rights and Freedoms , the Supreme Court of Canada unanimously ruled that specific prior authorization is needed to search individuals’ computers and similar devices.. Facts and Judicial History. Following suspicions that the appellant Thanh Long Vu was stealing electricity, Constable R V MCNEIL: THE DUTY TO DISCLOSE POLICE MISCONDUCT RECORDS On January 16, 2009, the Supreme Court of Canada released judgment in R v McNeil, 2009 SCC 3, a case that looks at the Crown’s duty to disclose police records relating to findings of misconduct by police officers involved in the investigation against the accused as part of the first party disclosure package.. Background. Constable Rodney Hackett was one of the Barrie police officers who BREACH OF THE PEACE: POLICE POWERS TO MAKE ARRESTS Under the common law, police have the power to arrest people in order to prevent a “breach of the peace” when the police do not have grounds to make an arrest pursuant to the Criminal Code . A breach of the peace is defined in Brown v Durham Regional Police Force, O.J. No. 5274 (CA) as an “act or actions which result in actual orTHECOURT.CA
On September 30, 2020, the Ontario Court of Appeal (“ONCA”) held in R v Nguyen, 2020 ONCA 609 that the 18-month presumptive ceiling established in R v Jordan, 2016THECOURT.CA
THE COURT is the online resource for debate & data about the SupremeCourt of Canada
CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
TSIAPRAILIS: THE TAXATION OF SETTLEMENTS Tsiaprailis: The Taxation of Settlements. On February 25, 2005, Tsiaprailis v. Canada, 1 S.C.R. 113 was released by the SCC. This appeal involves an income tax case that considers whether a portion of a lump sum payment based on an amount owing for past disability benefits is made “pursuant to a disability insuranceplan”, and hence
R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPON This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that R V VU: THE SCC RULES THAT COMPUTERS REQUIRE DISTINCTIVE In R v Vu, 3 SCR 657 , a landmark decision regarding section 8 of the Canadian Charter of Rights and Freedoms , the Supreme Court of Canada unanimously ruled that specific prior authorization is needed to search individuals’ computers and similar devices.. Facts and Judicial History. Following suspicions that the appellant Thanh Long Vu was stealing electricity, Constable YOU ARE NOT ALONE: ONTARIO AND BRITISH COLUMBIA INVALIDATE In Ontario, the CCLA asserted that sections 31-37 of the CCRA were in violation of section 7, 11 (h) and 12 of the Charter. Meanwhile, the BCCLA and John Howard Society claimed that the same provisions violated the Charter’s section 7, 9, 10, 12, and 15 rights. The bulk of the analysis in both decisions centered on section 7, and given the R V MCNEIL: THE DUTY TO DISCLOSE POLICE MISCONDUCT RECORDS On January 16, 2009, the Supreme Court of Canada released judgment in R v McNeil, 2009 SCC 3, a case that looks at the Crown’s duty to disclose police records relating to findings of misconduct by police officers involved in the investigation against the accused as part of the first party disclosure package.. Background. Constable Rodney Hackett was one of the Barrie police officers who DOWNEY V NS: ANTI-BLACK RACISM IN LAND TITLE CLAIMS Restricting Black land ownership is a part of Canadian history and it must be reckoned with. Christopher Downey’s case sheds light on anti-Black racism in property law. It also reminds us that issues such as this betray the very concepts of human rights and dignity. Whereverthis occurs, it
BREACH OF THE PEACE: POLICE POWERS TO MAKE ARRESTS Under the common law, police have the power to arrest people in order to prevent a “breach of the peace” when the police do not have grounds to make an arrest pursuant to the Criminal Code . A breach of the peace is defined in Brown v Durham Regional Police Force, O.J. No. 5274 (CA) as an “act or actions which result in actual or HER MAJESTY THE QUEEN V. CAMECO CORPORATION: A TRANSFERSEE MORE ONTHECOURT.CA
DELAY IN ADMINISTRATIVE PROCEEDINGS The Court has been asked to revisit the framework for administrative delay established in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 . This comes after the Saskatchewan Court of Appeal (“SKCA”) arguably lowered the high threshold for finding that delay amounts to an abuse of process warranting a stay of CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPON This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that ONTARIO STUDENTS SUCCEED IN SUING THEIR COLLEGE FOR Colleges and universities should take note of recent Ontario court rulings, and exercise due care in what they print in their course descriptions. Students are entitled to rely on the Consumer Protection Act (CPA). They can in principle sue a college or university for damages if a program of study is misrepresented. Last year, TheCourt reported on a high profile US case, John T. MacDonald Jr THE SUPREME COURT OF CANADA CLARIFIES THE LAW OF INFORMER On 12 February 2013, the Supreme Court of Canada (SCC) clarified the law of evidence with respect to police informer privilege in R v Named Person B ().B offered to provide a police force in Quebec with information about violent crimes and received a promise ofconfidentiality.
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. HER MAJESTY THE QUEEN V. CAMECO CORPORATION: A TRANSFERSEE MORE ONTHECOURT.CA
DELAY IN ADMINISTRATIVE PROCEEDINGS The Court has been asked to revisit the framework for administrative delay established in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 . This comes after the Saskatchewan Court of Appeal (“SKCA”) arguably lowered the high threshold for finding that delay amounts to an abuse of process warranting a stay of CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPON This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that ONTARIO STUDENTS SUCCEED IN SUING THEIR COLLEGE FOR Colleges and universities should take note of recent Ontario court rulings, and exercise due care in what they print in their course descriptions. Students are entitled to rely on the Consumer Protection Act (CPA). They can in principle sue a college or university for damages if a program of study is misrepresented. Last year, TheCourt reported on a high profile US case, John T. MacDonald Jr THE SUPREME COURT OF CANADA CLARIFIES THE LAW OF INFORMER On 12 February 2013, the Supreme Court of Canada (SCC) clarified the law of evidence with respect to police informer privilege in R v Named Person B ().B offered to provide a police force in Quebec with information about violent crimes and received a promise ofconfidentiality.
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
TSIAPRAILIS: THE TAXATION OF SETTLEMENTS Tsiaprailis: The Taxation of Settlements. On February 25, 2005, Tsiaprailis v. Canada, 1 S.C.R. 113 was released by the SCC. This appeal involves an income tax case that considers whether a portion of a lump sum payment based on an amount owing for past disability benefits is made “pursuant to a disability insuranceplan”, and hence
THECOURT.CA
THE COURT is the online resource for debate & data about the SupremeCourt of Canada
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. RESOLUTE V ONTARIO: CORPORATIONS NO LONGER INDEMNIFIED Lisa Buckley. Lisa Buckley is a 3rd year JD student at Osgoode Hall Law School. She is a member of Osgoode Hall’s Environmental LawSociety and
R V KHAWAJA: THE SENTENCING OF A TERRORIST IN CANADA Last Thursday, Mohammad Momin Khawaja became the first person in Canada to be sentenced under the Anti-terrorism Act, SC 2001, c 41, which was pushed through Parliament in response to the 9/11 attacks in the United States. Background. At SETTING THE SCENE: R V LE AND THE IMPORTANCE OF CONTEXT IN The Facts. Both the majority and dissenting judgements agree that Mr. Le was detained by the police. The key issue for both the s. 9 analysis—whether the detention was arbitrary or not—and the s. 24 analysis—whether the evidence should be excluded—turn on when the detention “crystallized” ( R v Le, para 30). This determination THE CORPORATION AS A PERSON: LEGAL FACT OR Introduction. In light of Justice Sotomayor’s recent comments during oral arguments in Citizen United v. Federal Election Commission, it may be useful to consider the state of the corporation as a distinct legal entity. On September 9, 2009, Justice Sonia Sotomayor made the following remark in her question to Mr. Abrams: THE EXPANSION OF “HUMANITARIAN AND COMPASSIONATE GROUNDS The recent Supreme Court of Canada (“SCC”) decision in Jeyakannan Kanthasamy v Canada (Minister of Citizenship and Immigration), 2015 SCC 61 is an exciting and welcome development in immigration and refugee law as it broadens the scope and definition of humanitarian and compassionate grounds under the Immigration and Refugee Protection Act, SC 2001, c 27, s. 25(1) . MUSTAPHA V. CULLIGAN OF CANADA LTD A little over a week ago, the Supreme Court of Canada pronounced in Mustapha v. Culligan of Canada Ltd ., 2008 SCC 27. The facts of the case are notorious. Waddah Mustapha saw a dead fly in an unopened bottle of water supplied by the defendant, Culligan. Neither he nor anyone else consumed any of that water, although all members of hisfamily
HER MAJESTY THE QUEEN V. CAMECO CORPORATION: A TRANSFERSEE MORE ONTHECOURT.CA
DELAY IN ADMINISTRATIVE PROCEEDINGS The Court has been asked to revisit the framework for administrative delay established in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 . This comes after the Saskatchewan Court of Appeal (“SKCA”) arguably lowered the high threshold for finding that delay amounts to an abuse of process warranting a stay of CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPONRONALD V DUNNRONALD V DUNN REAL ESTATEDUNN REAL ESTATEDUNN REALTYDUNN REALTY CREWE VARONALD DUNN REALTY CREWE This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that ONTARIO STUDENTS SUCCEED IN SUING THEIR COLLEGE FOR Colleges and universities should take note of recent Ontario court rulings, and exercise due care in what they print in their course descriptions. Students are entitled to rely on the Consumer Protection Act (CPA). They can in principle sue a college or university for damages if a program of study is misrepresented. Last year, TheCourt reported on a high profile US case, John T. MacDonald Jr THE SUPREME COURT OF CANADA CLARIFIES THE LAW OF INFORMER On 12 February 2013, the Supreme Court of Canada (SCC) clarified the law of evidence with respect to police informer privilege in R v Named Person B ().B offered to provide a police force in Quebec with information about violent crimes and received a promise ofconfidentiality.
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. HER MAJESTY THE QUEEN V. CAMECO CORPORATION: A TRANSFERSEE MORE ONTHECOURT.CA
DELAY IN ADMINISTRATIVE PROCEEDINGS The Court has been asked to revisit the framework for administrative delay established in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44 . This comes after the Saskatchewan Court of Appeal (“SKCA”) arguably lowered the high threshold for finding that delay amounts to an abuse of process warranting a stay of CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
R V DUNN: ONCA CHECKS ITSELF AND REDEFINES ‘WEAPONRONALD V DUNNRONALD V DUNN REAL ESTATEDUNN REAL ESTATEDUNN REALTYDUNN REALTY CREWE VARONALD DUNN REALTY CREWE This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of Appeal (ONCA) reconsidered their own concept of these terms in R v Dunn, 2013 ONCA 539. In Dunn, the Crown appealed the accused’s acquittal at trial on the basis that the airgun that ONTARIO STUDENTS SUCCEED IN SUING THEIR COLLEGE FOR Colleges and universities should take note of recent Ontario court rulings, and exercise due care in what they print in their course descriptions. Students are entitled to rely on the Consumer Protection Act (CPA). They can in principle sue a college or university for damages if a program of study is misrepresented. Last year, TheCourt reported on a high profile US case, John T. MacDonald Jr THE SUPREME COURT OF CANADA CLARIFIES THE LAW OF INFORMER On 12 February 2013, the Supreme Court of Canada (SCC) clarified the law of evidence with respect to police informer privilege in R v Named Person B ().B offered to provide a police force in Quebec with information about violent crimes and received a promise ofconfidentiality.
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. CANADA & CORPORATE SOCIAL RESPONSIBILITY Corporate Social Responsibility (“CSR”), as defined by the Government of Canada’s Ministry of Foreign Affairs, Trade, and Development, is “the voluntary activities undertaken by a company to operate in an economic, social and environmentally sustainable manner.”. Non-shareholder stakeholders in this context are expandedto include the
TSIAPRAILIS: THE TAXATION OF SETTLEMENTS Tsiaprailis: The Taxation of Settlements. On February 25, 2005, Tsiaprailis v. Canada, 1 S.C.R. 113 was released by the SCC. This appeal involves an income tax case that considers whether a portion of a lump sum payment based on an amount owing for past disability benefits is made “pursuant to a disability insuranceplan”, and hence
THECOURT.CA
THE COURT is the online resource for debate & data about the SupremeCourt of Canada
THE LEGACY OF R V SPARROW The Legacy of. R v Sparrow. In May of this year, thirty years will have passed since R v Sparrow, 1 SCR 1075 was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 , recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. RESOLUTE V ONTARIO: CORPORATIONS NO LONGER INDEMNIFIED Lisa Buckley. Lisa Buckley is a 3rd year JD student at Osgoode Hall Law School. She is a member of Osgoode Hall’s Environmental LawSociety and
R V KHAWAJA: THE SENTENCING OF A TERRORIST IN CANADA Last Thursday, Mohammad Momin Khawaja became the first person in Canada to be sentenced under the Anti-terrorism Act, SC 2001, c 41, which was pushed through Parliament in response to the 9/11 attacks in the United States. Background. At SETTING THE SCENE: R V LE AND THE IMPORTANCE OF CONTEXT IN The Facts. Both the majority and dissenting judgements agree that Mr. Le was detained by the police. The key issue for both the s. 9 analysis—whether the detention was arbitrary or not—and the s. 24 analysis—whether the evidence should be excluded—turn on when the detention “crystallized” ( R v Le, para 30). This determination THE CORPORATION AS A PERSON: LEGAL FACT OR Introduction. In light of Justice Sotomayor’s recent comments during oral arguments in Citizen United v. Federal Election Commission, it may be useful to consider the state of the corporation as a distinct legal entity. On September 9, 2009, Justice Sonia Sotomayor made the following remark in her question to Mr. Abrams: THE EXPANSION OF “HUMANITARIAN AND COMPASSIONATE GROUNDS The recent Supreme Court of Canada (“SCC”) decision in Jeyakannan Kanthasamy v Canada (Minister of Citizenship and Immigration), 2015 SCC 61 is an exciting and welcome development in immigration and refugee law as it broadens the scope and definition of humanitarian and compassionate grounds under the Immigration and Refugee Protection Act, SC 2001, c 27, s. 25(1) . MUSTAPHA V. CULLIGAN OF CANADA LTD A little over a week ago, the Supreme Court of Canada pronounced in Mustapha v. Culligan of Canada Ltd ., 2008 SCC 27. The facts of the case are notorious. Waddah Mustapha saw a dead fly in an unopened bottle of water supplied by the defendant, Culligan. Neither he nor anyone else consumed any of that water, although all members of hisfamily
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_R V RV_: SCC TO PROVIDE GUIDANCE ON INCONSISTENT JURY VERDICTS R v RV, 2019 ONCA 664 , a recent appellate decision, discusses the complicated question of how courts should respond when a jury delivers inconsistent verdicts. The Crown, dissatisfied with...*
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APPEAL WATCH: JURISDICTIONAL QUESTIONS BETWEEN HUMAN RIGHTS TRIBUNALS AND LABOUR ARBITRATORS The question of overlapping jurisdiction between a human rights tribunal and a labour arbitrator on a complaint of discrimination is set to reach the Supreme Court of Canada (“SCC”), following...*
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_R V KGK_: JUDICIAL DELIBERATION TIME AND S. 11(B) CONSIDERATIONS In R v Jordan, 2016 SCC 27 , the Supreme Court of Canada (“SCC” or “the Court”) addressed the culture of complacency towards delays in the criminal justice system. These...*
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_ ATLANTIC LOTTERY V BABSTOCK_: SCC TO RULE ON WAIVER OF TORT CLASSACTION
The Supreme Court of Canada (“SCC”) recently heard oral arguments on the appeal between Atlantic Lottery Corporation Inc., et al. v Douglas Babstock, et al, 2018 NLCA 71. This class...*
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18 Mar, 2020
SCC TO DETERMINE CONSTITUTIONALITY OF ADMINISTRATIVE SEGREGATION In February, the Supreme Court of Canada (“SCC”) granted leave for two appeals, Attorney General of Canada v Corporation of the Canadian Civil Liberties Association (SCC Case Number 38574), and...*
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_YARED V KARAM_: EQUALITY IN FAMILY PATRIMONY TRIUMPHS In Yared v Karam, 2019 SCC 62 (Yared), the Supreme Court of Canada (“SCC” or “Court”) grappled with conflicting rights and obligations at the intersection of trusts and family patrimony...*
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R V CHOUHAN: ACCUSED RIGHTS AND JURY SELECTION In a jury trial, s. 634(1) of the Criminal Code, RSC 1985, c C-46 formerly permitted both the accused and the Crown to challenge a limited number of jurors peremptorily (without providing...*
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26 Feb, 2020
_RS V PR_: PRIVATE INTERNATIONAL LAW & _LIS PENDENS_ In RS v PR, the Supreme Court of Canada clarified the conditions for international lis pendens under the Civil Code of Quebec, as well as the scope of discretion to deny a stay even when the conditions aremet.
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_R V RV_: SCC TO PROVIDE GUIDANCE ON INCONSISTENT JURY VERDICTS R v RV, 2019 ONCA 664 , a recent appellate decision, discusses the complicated question of how courts should respond when a jury delivers inconsistent verdicts. The Crown, dissatisfied with...*
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16 Apr, 2020
_MACDONALD V. CANADA_: CLARITY TO THE TAXATION OF DERIVATIVECONTRACTS
Taxpayers try to characterize their expenses, gains, and losses in a way that benefits them. Thus, the characterization of expenses, gains, or losses as on account income or capital has...* 1
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by Adrian Zee · Apr 16 , 2020 _MACDONALD V. CANADA_: CLARITY TO THE TAXATION OF DERIVATIVECONTRACTS
Taxpayers try to characterize their expenses, gains, and losses in a way that benefits them. Thus, the characterization of expenses, gains, or losses as on account income or capital has...Administrative Law
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by Ramna Safeer · Mar 31 ,2020
APPEAL WATCH: JURISDICTIONAL QUESTIONS BETWEEN HUMAN RIGHTS TRIBUNALS AND LABOUR ARBITRATORS The question of overlapping jurisdiction between a human rights tribunal and a labour arbitrator on a complaint of discrimination is set to reach the Supreme Court of Canada (“SCC”), following... Tags: Administrative lawJurisdiction
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by Sabrina ShillingfordMar 27 , 2020
_R V KGK_: JUDICIAL DELIBERATION TIME AND S. 11(B) CONSIDERATIONS In R v Jordan, 2016 SCC 27 , the Supreme Court of Canada (“SCC” or “the Court”) addressed the culture of complacency towards delays in the criminal justice system. These...Negligence /
Torts
by Stacey Blydorp · Mar 25, 2020
_ ATLANTIC LOTTERY V BABSTOCK_: SCC TO RULE ON WAIVER OF TORT CLASSACTION
The Supreme Court of Canada (“SCC”) recently heard oral arguments on the appeal between Atlantic Lottery Corporation Inc., et al. v Douglas Babstock, et al, 2018 NLCA 71. This class...Tags: class action
negligence
Restitution
tort
waiver of tort
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