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Supreme Court of Canada

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Wednesday, March 20, 2019 @ 10:58 AM

Still waters run deep: Ramifications of Redwater ancientoilwells_sm.jpg

Just over a month after the Supreme Court of Canada handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5), companies are still scrambling to understand exactly how this will impact their operations moving forward. While the oil and gas sector will inevitably feel the full brunt of the decision, they’re not the only industry set to suffer. Industries like mining, power, lumber, pulp and paper and any one where the provinces legislate on abandonment, reclamation and remediation are all set to be impacted. ... [read more]

Monday, March 18, 2019 @ 8:59 AM

Justice Côté and the importance of dissent | Vanessa MacDonnell

On Feb. 27, 2019, Supreme Court of Canada Justice Suzanne Côté delivered a robust defence of the role of dissent in a public lecture at McGill University. The lecture, titled “Independence and Collegiality: How do they Co-Exist at the Supreme Court of Canada?” made the case for judges’ broad “right” to dissent. The remarks are Justice Côté’s most extensive comments on this topic since joining the court in December 2014, and they offer a fascinating glimpse of the judicial philosophy of the current court’s most frequent dissenter. ... [read more]

Friday, March 15, 2019 @ 4:43 PM - Last Updated: Friday, March 15, 2019 @ 5:05 PM

SCC strikes down element of child luring offence but revives one-year minimum penalty in Ontario Michael Moldaver

In its first constitutional pronouncement on the crime of child luring, the Supreme Court of Canada has 9-0 struck down the statutory presumption that an adult accused of child luring believes the purported child’s online representations that she is under age (absent evidence to the contrary). ... [read more]

Friday, March 15, 2019 @ 1:05 PM

CRIMINAL CODE OFFENCES - Offences tending to corrupt morals - Communication with a child by computer in order to commit an offence (luring)

Appeal and cross-appeal from a judgment of the Court of Appeal for Ontario affirming the conviction entered and the sentence imposed to Morrison for the charge of child luring. ... [read more]

Thursday, March 14, 2019 @ 1:34 PM

Justice minister defends bill to reveal judges’ expenses as senators prepare to reduce disclosure requirements David_Lametti

Justice Minister David Lametti says he is “quite happy” with a Trudeau government bill that the judiciary warns would violate judicial independence and endanger its members’ security by requiring all 1,178 federal judges, for the first time, to publicly disclose their individual expenses — which collectively totalled nearly $34 million in the last fiscal year. ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Thursday, February 28, 2019 @ 1:48 PM

LAWYERS - Duties and obligations - Duty to counsel - Business advice

Appeal by Salomon and his firm Sternthal Katznelson Montigny LLP (SKM) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court dismissing a professional negligence claim against them. ... [read more]

Thursday, February 28, 2019 @ 11:30 AM - Last Updated: Thursday, February 28, 2019 @ 4:42 PM

SCC rules lawyers can be liable for client referrals that go bad Clément  Gascon

In a cautionary tale for lawyers who refer clients to other service providers, the Supreme Court of Canada has 8-1 dismissed the appeal of a Montreal lawyer and his firm from a judgment below which holds them liable for the full $6.8 million their client lost after they unwittingly referred her to a financial adviser who later turned out to be a fraudster running a Ponzi scheme. ... [read more]

Friday, February 22, 2019 @ 2:22 PM - Last Updated: Friday, February 22, 2019 @ 3:40 PM

SCC clarifies what submission to foreign courts’ jurisdiction means under Civil Code of Quebec

The Supreme Court of Canada has clarified that a Quebec resident sued abroad who challenges the foreign court’s jurisdiction will be deemed by Quebec courts to have submitted to that foreign jurisdiction if the Quebecer made substantive arguments in the foreign court that, if accepted, would have resolved all or part of the dispute. ... [read more]

Friday, February 22, 2019 @ 2:05 PM

JURISDICTION - Submission to - Implied submission

Appeal by Barer from a judgment of the Court of Appeal of Quebec affirming a decision of the Superior Court which concluded a Utah court had jurisdiction over claims for fraudulent misrepresentation and unjust enrichment made by a Utah-based company and declared its judgement enforceable. ... [read more]