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Supreme Court of Canada

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Friday, April 16, 2021 @ 8:34 AM

April pay cut is constructive dismissal | Stuart Rudner

It doesn’t seem like it’s been over a year, but on April 2, 2020, my article in The Lawyer’s Daily was titled Constructive dismissal and COVID-19. In that post, I wrote that “How our courts will treat this unprecedented situation in the future remains to be seen.” ... [read more]

Thursday, April 08, 2021 @ 2:42 PM

Boundaries of power: Courts’ critical role in 21st century federalism | Bo Kruk

Politics is complex. A brief glimpse at recent news conferences is sufficient to recognize how frequently resolution of an issue is left at the feet of the federal government. Back in January, Alberta Premier Jason Kenney held a news conference calling on the federal government to impose trade sanctions on the U.S. if an agreement could not be reached about the cancellation of the Keystone XL Pipeline. More recently, through the Council of the Federation, the provincial governments have called upon the federal government to increase federal spending on the Canada Health Transfer. ... [read more]

Wednesday, March 31, 2021 @ 11:37 AM

Ramifications of Supreme Court’s carbon pricing decision Canadian weather map

On March 25, 2021, the Supreme Court of Canada handed down its decision on the constitutionality of the Greenhouse Gas Pollution Pricing Act (GGPPA). The Supreme Court held that the GGPPA was constitutional (Reference re Greenhouse Gas Pollution Pricing Act 2021 SCC 11). ... [read more]

Tuesday, March 30, 2021 @ 2:04 PM

Evidence-based legal practice: The value of data in litigation Woman lawyer analyzing legal data

Professionals are paid for their judgment and experience. That judgment and experience should be supplemented, wherever possible, by empirical data. ... [read more]

Monday, March 29, 2021 @ 8:24 AM

What corporate lawyers should know about top court’s carbon pricing ruling | Janis Sarra

On March 25, the Supreme Court of Canada rendered its long-awaited judgment on the constitutionality of the Greenhouse Gas Pollution Pricing Act (GGPPA), finding in Reference re Greenhouse Gas Pollution Pricing Act 2021 SCC 11 that Parliament has jurisdiction to enact the law as a matter of national concern under the “peace, order, and good government” clause of s. 91 of the Constitution Act. ... [read more]

Friday, March 26, 2021 @ 2:34 PM

Court leaves trail of sour grapes for Locust Lane wineries Deep red wine in a glass

In Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp. 2021 FC 156, Justice Richard Southcott of the Federal Court issued a judgment on an application brought by Hidden Bench Vineyards & Winery Inc. (Hidden Bench) against neighbouring winery Locust Lane Estate Winery Corp. (LLEW), that sought damages for passing off based on prior rights to the name and mark LOCUST LANE. ... [read more]

Thursday, March 25, 2021 @ 5:01 PM

ENVIRONMENTAL LEGISLATION - Federal legislation - Environmental protection - Pollution control legislation 

Appeal by Saskatchewan and Ontario from decisions of their respective courts of appeal holding that the Greenhouse Gas Pollution Pricing Act (GGPPA) was constitutional. ... [read more]

Wednesday, March 24, 2021 @ 1:41 PM

Troublesome advice from solicitor general on criminal obstruction Silhoutte of cop in doorway

In September 2020, an assistant deputy minister at the Ministry of the Solicitor General sent a memorandum to municipalities across the province of Ontario providing information and advice on the enforcement of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17 (ROA). ... [read more]

Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Wednesday, March 24, 2021 @ 8:43 AM

Gifts to adult children: Presumption of resulting trust Adult handing a key to a child

Adding a child on title to a property or as a joint account holder on a bank account is a common estate planning tool used by many with the goal and intention of hoping to avoid the delay in the administration of estates as a result of probate and also the estate administration taxes that arise when submitting an application for a certificate of appointment of estate trustee. ... [read more]