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Friday Brief

The Friday Brief: Managing Editor’s must-read items from this week

Friday, July 30, 2021 @ 3:03 PM | By Matthew Grace

Matthew Grace %>
Matthew Grace
Here are my picks for the top stories we published this week.

Tariff ‘not binding’ against user ‘who does not accept a licence,’ SCC rules in copyright case
In a unanimous decision, the Supreme Court of Canada has upheld a Federal Court of Appeal ruling that a heavily disputed copyright tariff is not enforceable against York University.

Super-priority charges in restructuring process can take precedence over payment to Crown: SCC
The Supreme Court has ruled in a 5-4 decision that courts have broad discretionary powers under the Companies’ Creditors Arrangement Act (CCAA), which includes the ability to ensure “super-priority” charges are paid before money owed to the Crown as part of a restructuring process.

McLachlin accepts 2nd term on Hong Kong’s top court; U.K. ‘reviewing’ its senior jurists’ participation
Amid the Chinese government’s crackdown on Hong Kong journalists and opposition voices, it has reappointed former chief justice of Canada Beverley McLachlin to a second three-year term on the highest court of the ex-British colony.

Discoverability standard in negligence claim set ‘too high’ by Appeal Court in limitations case: SCC
The Supreme Court of Canada has overturned a New Brunswick Court of Appeal decision on limitation periods, ruling the Province missed its deadline to file a $50-million claim against accounting firm, Grant Thornton LLP.

Why I can’t sleep
In his column, Murray Fallis writes: “Twenty-six per cent of prisoners in structured intervention units (SIU) have a release date within the next six months. This statistic keeps me up at night and it should keep you up too. At a June stakeholder meeting, Correctional Service of Canada (CSC) stated the above statistic. This raised nearly every eyebrow in the criminal justice community.”

Matthew Grace is the Managing Editor of The Lawyer’s Daily.