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Supreme Court of Canada

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Friday, May 29, 2020 @ 3:06 PM

DEFENCES - Entrapment

Appeals by the accused, Javid Ahmad and Landon Williams, from convictions for drug-related offences. In each appeal, the police received an unsubstantiated tip that a phone number was associated with a suspected dial‑a‑dope operation. ... [read more]

Wednesday, May 27, 2020 @ 12:38 PM

Rights groups end litigation at SCC on solitary confinement

On May 27, the cross appeals at the Supreme Court of Canada brought by the British Columbia Civil Liberties Association (BCCLA), the John Howard Society of Canada (JHSC), and the Canadian Civil Liberties Association (CCLA) in respective solitary confinement cases were ended, which brought the litigation to a close. ... [read more]

Friday, May 22, 2020 @ 9:53 AM

SCC will be asked to revisit sexual assault decision following B.C. Court of Appeal ruling Phil Cote

The Supreme Court of Canada will be asked to uphold one of its decisions heavily relied upon in a recent British Columbia Court of Appeal ruling that resulted in the ordering of a new trial in a sexual assault case. ... [read more]

Thursday, May 21, 2020 @ 3:12 PM

Post-COVID courts could see less oral advocacy, more paper-based and remote adjudication: SCC’s Wagner Chief Justice Richard Wagner

Canada’s top judge says the demands of a post-pandemic world will require an openness to innovation and the creation of a “new normal” in the justice system — one which could feature fewer opportunities for oral advocacy by lawyers, particularly in physical courtrooms and appellate courts; more frequent remote hearings and paper-based adjudication; and even the reduction or elimination of the civil jury trial in those provinces where it still exists. ... [read more]

Friday, May 15, 2020 @ 2:22 PM

More power to the supervising judge | Janis Sarra

The Supreme Court of Canada, in its recently released judgment, 9354-9186 Québec inc. v. Callidus Capital Corp. 2020 SCC 10, has reinforced the deference that appellate courts should give to decisions of the supervising judge in proceedings pursuant to the Companies’ Creditors Arrangement Act (CCAA). ... [read more]

Thursday, May 14, 2020 @ 12:47 PM

Courts Zoom ahead with remote hearings due to pandemic, despite concerns of some lawyers, litigants Roger Lafrenière

Citing the importance of preserving access to justice and the rule of law during the COVID-19 pandemic, courts up to the Supreme Court of Canada are pushing ahead with remote virtual hearings — notwithstanding privacy, procedural fairness and other objections raised by counsel and litigants in some cases. ... [read more]

Wednesday, May 13, 2020 @ 11:56 AM

SCC addresses third-party litigation funding, key issues in Companies’ Creditors Arrangement Act Jeremy_Opolsky

The Supreme Court of Canada has spoken for the first time on the legality of third-party litigation funding agreements, in unanimous reasons for judgment that also shed new light on many aspects of the Companies’ Creditors Arrangement Act (CCAA) — the federal statute which enables the reorganization of insolvent debtor companies facing claims in excess of $5 million. ... [read more]

Tuesday, May 12, 2020 @ 12:29 PM

Expectations to consult: Who cares about precedents, rule of law? cancelled_stamp_sm

In Canada, the principle of separation of powers requires that political disputes be resolved through political processes and not reviewed in courts; such disputes are non-justiciable. Courts, however, often struggle to determine whether a dispute is purely political, or it raises a justiciable issue. ... [read more]

Monday, May 11, 2020 @ 9:20 AM

Exclusive: Supreme Court Justice Côté says Vavilov and Jordan were among most challenging cases TLD Exclusive

Working on the landmark Vavilov trilogy on judicial review has been a highlight of Justice Suzanne Côté’s time at the Supreme Court of Canada — a culmination of decades of thinking about administrative law that began during her first eight years of practice in her small firm in the Gaspé. ... [read more]

Friday, May 08, 2020 @ 2:42 PM

COMPANIES’ CREDITORS ARRANGEMENT ACT (CCAA) MATTERS - Compromises and arrangements - Proposals

Appeal by Bluberi Gaming Technologies Inc. and its affiliated entities (collectively “Bluberi”) from a judgment of the Quebec Court of Appeal finding that Callidus Capital Corp. (“Callidus”) did not have an improper purpose and should be permitted to vote on its own plan of arrangement submitted to creditors of Bluberi, and finding that a third party litigation funding agreement proposed by Bluberi was a plan of arrangement that had to be submitted to a creditor’s vote. ... [read more]