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Supreme Court of Canada

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Thursday, October 19, 2017 @ 2:07 PM

EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Criminality

Appeal by Tran from a judgment of the Federal Court of Appeal setting aside a decision granting the judicial review of a decision by the Minister to refer a report concerning Tran’s admissibility to the Immigration Division. ... [read more]

Thursday, October 19, 2017 @ 12:57 PM - Last Updated: Thursday, October 19, 2017 @ 5:10 PM

SCC says conditional sentences are not terms of ‘imprisonment’ leading to immigration deportation Aris Daghighian

In a judgment welcomed by immigration lawyers, but called “disappointing” on the administrative law front, the Supreme Court has ruled that permanent residents sentenced in Canada to conditional sentences cannot be deported for “serious criminality” under s. 36(1)(a) the Immigration and Refugee Protection Act (IRPA). ... [read more]

Friday, October 13, 2017 @ 1:40 PM - Last Updated: Friday, October 13, 2017 @ 5:17 PM

SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period Wagner

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent. ... [read more]

Friday, October 13, 2017 @ 12:55 PM

ACTIONS AGAINST MUNICIPALITY - Bringing action - Limitation period

Appeal by the City of Montréal (City) from a judgment of the Quebec Court of Appeal setting aside a decision concluding that the action filed by the Dorvals and Bien-Aimée against the City of was prescribed. ... [read more]

Thursday, October 12, 2017 @ 3:08 PM

SCC to hear novel case on lawyers’ liability for client referrals that go bad Doug Mitchell

The Supreme Court of Canada has announced it will address for the first time the legal jeopardy and financial liability faced by lawyers when their referrals of clients to other service providers turn sour. ... [read more]

Thursday, October 12, 2017 @ 1:30 PM

Ryerson honours former Supreme Court Justice Iacobucci

Justice Frank Iacobucci, the Puisne Justice on the Supreme Court of Canada from 1991 to 2004, has a new honorary doctor of laws degree to add to his list of credentials. ... [read more]

Tuesday, October 10, 2017 @ 8:37 AM

ABORIGINAL STATUS AND RIGHTS - Civil actions and liabilities - Historical grievances - Residential schools - Practice and procedure - Discovery - Evidence - Document retention and destruction - Settlements - Orders - Appeals

Appeal from a judgment of the Ontario Court of Appeal substantially affirming a decision that records from a consolidated class action related to Indian Residential Schools should be destroyed following a 15-year retention period. ... [read more]

Friday, October 06, 2017 @ 1:05 PM

Updated: IAP records to be destroyed after 15 years unless claimants consent to archiving: Supreme Court Russel Brown

The Supreme Court has affirmed 7-0 that the more than 37,000 former students of Indian residential schools who claimed compensation from Ottawa for historic physical and sexual abuse are entitled to decide whether their personal records created during the claims process should be destroyed, or archived for posterity. ... [read more]

Tuesday, October 03, 2017 @ 3:07 PM

SCC’s ‘barnburner’ fall session features TWU, Groia, Comeau and other hot cases Carissima Mathen

Two cases that have galvanized the legal profession — TWU and Groia — are among the 28 appeals the Supreme Court of Canada is hearing during a busy fall session that marks the swansong of the court’s longest serving chief justice. ... [read more]

Monday, October 02, 2017 @ 12:46 PM

Binnie says judges should lead by crafting new remedies for corporate abuses abroad Exclusive

One of Canada’s leading jurists is urging judges here to be more creative in developing the common law to provide access to justice for those harmed by Canadian mining companies or other extractive businesses operating abroad. ... [read more]