The Friday Brief: Managing Editor’s must-read items from this week
Friday, October 26, 2018 @ 3:35 PM | By Matthew Grace
Justice Côté goes own way in almost 40% of cases but her SCC admin law dissents push the court
When the Supreme Court zigs, this judge zags. As she closes in on her fourth anniversary at the top court Dec. 1, Justice Suzanne Côté, a former star civil litigator from Montreal, is staking her claim to the “great dissenter” mantle worn most recently by several of her predecessors from Quebec, Marie Deschamps, Morris Fish and Claire L’Heureux-Dubé.
Top judge warns of ‘worrying trend’ of incivility on bench, urges judges to lead by example, avoid personalized attacks
Canada’s top judge is warning that the Canadian judiciary is not immune from the “excesses and loss of control” that too often infect public discourse, and which are also reflected in some vitriolic judicial opinions emanating from south of the border.
McGill study of young, high drivers doesn’t address problems with roadside cannabis limits, lawyers say
Defence lawyers are questioning the merits of a recent study finding “significant impairment” among young drivers after inhaling marijuana, saying it fails to address issues with the “per se” legal limits.
SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract
The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot.
Supreme Court weighs in on parliamentary privilege
In his column, Mark Bourrie writes: “Last week’s Supreme Court of Canada decision in Mikisew Cree First Nation v. Canada (Governor General in Council) 2018 SCC 40, showed parliamentary privilege trumps the right of First Nations to be consulted on legislation affecting them, while that legislation is being drafted.”
Matthew Grace is the Managing Editor of The Lawyer’s Daily.