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Supreme Court of Canada

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Friday, July 23, 2021 @ 1:26 PM

INTERPRETATION - General principles - Ordinary meaning - Context - Consider the entire contract - Surrounding circumstances

Appeal by the City of Corner Brook from a decision of the Court of Appeal for Newfoundland and Labrador that reinstated the respondent Bailey’s third party notice against it. In 2009, Bailey struck a City employee while driving her husband’s vehicle. ... [read more]

Wednesday, July 21, 2021 @ 1:27 PM

Chief Justice Wagner gives thanks for time as interim Governor General Chief Justice Richard Wagner

Canada’s top judge is giving thanks for the chance to fill in as Governor General, saying the role of “administrator” has given him “a deeper understanding” of the country’s institutions and constitutional monarchy. ... [read more]

Wednesday, July 21, 2021 @ 9:01 AM

Rethinking degree of proof required in Indigenous legal actions | Stephen O’Neill

“Know from whence you came. If you know whence you came, there are absolutely no limitations to where you can go.”           James Baldwin ... [read more]

Friday, July 16, 2021 @ 1:52 PM

ABORIGINAL LANDS - Reserve lands - Duties of the Crown - Damages

Appeal by Southwind and Lac Seul First Nation (“LSFN”) from a decision of the Federal Court of Appeal that dismissed their appeal from an equitable compensation award against Canada for breach of fiduciary duty. ... [read more]

Monday, July 12, 2021 @ 12:35 PM - Last Updated: Monday, July 12, 2021 @ 1:14 PM

Former Supreme Court justice Stevenson dies at 87

William Stevenson, a former judge of the Supreme Court of Canada and distinguished pioneer in judicial education, has died, the top court announced July 12. Stevenson, 87, was just 58 when he resigned, citing unspecified “ill health”in 1992, after less than two years on the highest bench. He served with “great distinction and honour” during 17 years as a judge, including on Alberta’s District, Queen’s Bench and Court of Appeal, Kim Campbell, the federal justice minister of the day, said in a statement when he retired. ... [read more]

Tuesday, July 06, 2021 @ 2:30 PM

Ford’s use of notwithstanding clause innappropriate abuse of extraordinary remedy | Cara Zwibel

For the first time ever, Ontario has passed legislation invoking the Charter’s notwithstanding clause, trying to hit the stop (or at least pause) button on freedom of expression. This is, to put it mildly, a big deal. Ontario has never made use of the clause and its use outside of Quebec is rare and almost always controversial. The government’s decision in this case is a self-interested attempt to insulate itself from criticism — a completely inappropriate abuse of an extraordinary remedy. ... [read more]

Friday, July 02, 2021 @ 9:36 AM

Lametti thanks Justice Abella for her service on Supreme Court

On July 1, the Minister of Justice and Attorney General of Canada, David Lametti, thanked Justice Rosalie Silberman Abella as she retired from the Supreme Court. ... [read more]

Wednesday, June 30, 2021 @ 4:11 PM - Last Updated: Wednesday, July 21, 2021 @ 8:55 AM

Justice Abella: Voice of the vulnerable | Lawrence David

When Justice Rosalie Silberman Abella retires from the Supreme Court of Canada on July 1, she will leave the court as one of the most impactful judges in its history and as the longest serving judge in the Canadian judicial system. ... [read more]

Wednesday, June 30, 2021 @ 3:36 PM

COURTS - Superior Court - Jurisdiction by reason of subject matter

Appeal by the Attorney General of Quebec and others from a reference decision of the Court of Appeal of Quebec that concluded article 35 of Quebec’s Code of Civil Procedure (CCP) was unconstitutional. ... [read more]

Wednesday, June 30, 2021 @ 2:54 PM

Changes to monetary value of cases heard by Court of Québec unconstitutional, SCC rules Justice Suzanne Côté, Supreme Court of Canada

In a split decision, the Supreme Court of Canada has determined that raising the pecuniary value of cases that could be heard by the Court of Québec from $70,000 and under to any amount under $85,000 was unconstitutional.  ... [read more]