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Supreme Court of Canada

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Friday, January 05, 2018 @ 9:19 AM - Last Updated: Friday, January 05, 2018 @ 9:45 AM

Indigenous rights, lawyers’ liability, breathalyzers among key appeals on SCC winter docket Karey Brooks

The Supreme Court starts off 2018 with a new judge from Alberta, a new chief justice from Quebec and a docket packed with novel cases hailing mostly from those two provinces. ... [read more]

Thursday, December 21, 2017 @ 6:18 PM

SCC upholds dangerous offender provisions but says indeterminate detention a last resort Catriona Verner

The Supreme Court has upheld the constitutionality of two Harper-era dangerous offender sentencing provisions, while construing the 2008 amendments in a way that preserves judicial discretion and ensures that indeterminate detention remains a last resort. ... [read more]

Thursday, December 21, 2017 @ 1:18 PM

SENTENCING - Particular sanctions - Imprisonment - Indeterminate

Appeal by Boutilier from a judgment of the British Columbia Court of Appeal setting aside in part a decision designating him as a dangerous offender and sentencing him to indeterminate detention. ... [read more]

Wednesday, December 20, 2017 @ 5:21 PM

SCC slashes damages award against Deloitte, cuts scope of auditor’s liability in Livent case Clément Gascon

In a 4-3 decision on the liability of auditors for negligent misrepresentation, the Supreme Court has slashed from $85 million to $40.5 million (plus interest) the damages that Deloitte LLP must pay to the receiver of its former client, Livent Inc., for negligently auditing the now-insolvent Toronto live entertainment company that was bedevilled by fraud. ... [read more]

Wednesday, December 20, 2017 @ 2:16 PM

New judicial appointments in Ontario

After the most recent round of judicial appointments, two members of the Ontario bench have been elevated to new positions and a new judge has been named. ... [read more]

Wednesday, December 20, 2017 @ 1:58 PM

NEGLIGENCE - Duty and standard of care - Duty of care - Causation

Appeal from a judgment of the Ontario Court of Appeal affirming a decision awarding to Livent Inc. $84,750,000 in damages against its auditor Deloitte & Touche (Deloitte). ... [read more]

Monday, December 18, 2017 @ 12:26 PM

Supreme Court extends protection against employment-related discrimination Eugene Meehan

The Supreme Court has broadened protection from discrimination in the workplace beyond harassment perpetrated by a supervisor to include co-workers, even if they have different employers. In British Columbia Human Rights Tribunal v. Schrenk 2017 SCC 62, the court held that B.C.’s Human Rights Code (Code) “prohibits discrimination against employees whenever that discrimination has a sufficient nexus with the employment context.” ... [read more]

Monday, December 18, 2017 @ 9:03 AM

Privilege may apply to documents from which legal advice may be inferred

Deciding whether to claim privilege over documents is often a judgment call. This is certainly the case with documents that on their face appear to be innocuous but that allow opposing counsel to infer the substance of legal advice that has been sought or given. ... [read more]

Friday, December 15, 2017 @ 5:35 PM

Retired chief justice says Quebec secession ‘one of most challenging’ cases of career

The Constitution guarantees judicial independence, but the strongest guarantee lies in the ongoing support of Canadians, Beverley McLachlin says. At her last Parliament Hill news conference Dec. 15, the Supreme Court’s newly retired chief justice was asked what safeguards Canada can put in place to avoid the fate of countries where the independence of the judiciary and the rule of law are being threatened or assailed. ... [read more]

Friday, December 15, 2017 @ 12:56 PM

DISCRIMINATION - Context - Workplace discrimination

Appeal by the British Columbia Human Rights Tribunal (Tribunal) from a judgment of the British Columbia Court of Appeal setting aside the judgment that affirmed a decision of the Tribunal concluding that it had jurisdiction to deal with Sheikhzadeh-Mashgoul’s complaint. ... [read more]