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Supreme Court of Canada

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Friday, March 05, 2021 @ 2:17 PM

PROCEDURE - Jury - Challenges for cause - Empanelling - Appeals - Powers of appellate court

Appeal by the Crown from a judgment of the Ontario Court of Appeal that set aside the convictions of two accused for terrorism offences and ordered a new trial. ... [read more]

Monday, March 01, 2021 @ 1:23 PM

Denial of leave in Internet case ‘puts us one step closer’ to affordable rates, industry rep says

A number of players in Canada’s telecommunications industry are hailing the Supreme Court’s decision not to hear an appeal of the decision by the Canadian Radio-television and Telecommunications Commission (CRTC) to lower the wholesale Internet rates large carriers charge their smaller competitors. ... [read more]

Thursday, February 25, 2021 @ 8:29 AM

Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP Top Ten on a pedestal

What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Friday, February 05, 2021 @ 2:35 PM

Supreme Court Prime: Same day verdict delivery | Marcel Strigberger

The Supreme Court of Canada has been doing an increased number of quickies. ... [read more]

Friday, February 05, 2021 @ 2:12 PM

PERFORMANCE AND DISCHARGE – Performance - Good faith

Appeal by Wastech Services Ltd. (Wastech) from a judgment of the British Columbia Court of Appeal that dismissed its appeal from a decision that set aside an arbitration award in its favour. ... [read more]

Thursday, February 04, 2021 @ 8:28 AM

Post-dismissal misconduct grounds for just cause Finger pointing at accused person

A dismissal for just cause is a matter of substance, not form. The central question concerning just cause is whether an employee’s misconduct is sufficiently serious that it strikes at the heart of the employment relationship. The answer to this question requires a factual inquiry through a contextual examination of the nature and circumstances of the misconduct. These observations create an impression that the concept of just cause is concerned with a retrospective assessment of the employee’s pre-dismissal conduct. However, this is not always so. In limited circumstances, just cause can be asserted in relation to an employee’s post-dismissal conduct. ... [read more]

Wednesday, February 03, 2021 @ 8:36 AM

Look before leaping: Secession of a province part two Jet plane leaving formation

The first part in this series looked at the legislative framework that arose as a result of the 1995 Quebec referendum on secession and the Supreme Court reference on secession. In the Reference re Secession of Quebec [1998] 2 S.C.R. 217, while the court concluded that a clear majority of voices were needed in a referendum in order to trigger a constitutional duty to negotiate, they did not further define what “a clear majority” meant. ... [read more]

Friday, January 29, 2021 @ 2:48 PM

JURISDICTION - Courts - Provincial and territorial courts

Appeal by TJM, a young person charged with second-degree murder, from a decision of the Alberta Court of Queen’s Bench that found that a justice of a superior court did not have jurisdiction to hear and adjudicate an application for judicial interim release of a young person. ... [read more]

Monday, January 25, 2021 @ 9:52 AM

Ontario Court of Appeal ruling highlights continuing challenges with Jordan Tony Paciocco, Edelson Law, Ottawa

The Ontario Court of Appeal has failed again in a recent decision to provide clear direction on what constitutes a legitimate Jordan trial delay in criminal cases involving certiorari applications by the defence or Crown, says an Ottawa lawyer. ... [read more]

Wednesday, January 13, 2021 @ 11:20 AM

Making the best of a bad year: Winning IP cases in 2020 manturningcalendarpage2020-21

Despite the temporary closure of the courts in Canada during lockdown 1.0 starting in March of 2020, the intellectual property (IP) bench and bar had an incredibly busy and eventful year, making up for lost time with several high-profile hearings and landmark decisions. We highlight below our short list of the key decisions in Canada in 2020 for each of the three main areas of IP law. ... [read more]