We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Supreme Court of Canada

Latest

Friday, July 13, 2018 @ 3:45 PM

CIVIL EVIDENCE - Documentary evidence - Medical records

Appeal by the Province of British Columbia (Province) from a judgment of the British Columbia Court of Appeal affirming a decision finding that databases collected by the Province containing health care information were compellable in the context of the Province’s claim against Philip Morris International Inc. (Philip Morris) and other tobacco companies for the cost of health care benefits. ... [read more]

Friday, July 13, 2018 @ 1:42 PM

B.C. health care data non-compellable in tobacco lawsuit, SCC rules Justice Russell Brown sm

In a unanimous ruling, on July 13 the Supreme Court of Canada allowed an appeal from the Province of British Columbia to protect health databases from being compelled in an action it started to recover expenses from tobacco manufacturers under the Tobacco Damages and Health Care Costs Recovery Act. In British Columbia v. Philip Morris International, Inc. 2018 SCC 36, Justice Russell Brown wrote that the order from the courts below erred by finding that the databases were not protected by s. 2(5)(b) of the Act. ... [read more]

Thursday, July 12, 2018 @ 9:42 AM

SCC recognizes municipalities can enact conservation zoning, emphasizes bringing action in reasonable period Chief Justice Richard Wagner

A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada. ... [read more]

Friday, July 06, 2018 @ 4:04 PM - Last Updated: Friday, July 06, 2018 @ 10:36 PM

SCC to decide when crime proceeds spent on legal fees not subject to ‘fine-in-lieu of forfeiture’ Gregory Lafontaine

The Supreme Court of Canada has agreed to decide when a sentencing judge can refuse to order an offender to pay a fine in cases where the seized crime proceeds were previously court-ordered to be spent on his legal defence — and thus cannot be forfeited to the Crown in the usual course under the Criminal Code. ... [read more]

Friday, July 06, 2018 @ 1:40 PM

EXPROPRIATION - Grounds for contestation - Illegality of enabling provision - By a municipality

Appeal by Ville de Lorraine (Lorraine) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court which dismissed 2646 8926 Québec inc.’s (2646) action in nullity. ... [read more]

Wednesday, July 04, 2018 @ 8:38 AM

SCOTUS and the right side of history | Jennifer Taylor

The last page of Justice Sonia Sotomayor’s dissent in Trump v. Hawaii is now hanging on my office door. It’s a reminder of two things: First, court decisions are not always right (the majority in Trump v. Hawaii upheld the president’s so-called travel ban, a proclamation imposing “entry restrictions” on, and effectively banning travellers from, several mostly Muslim-majority countries). ... [read more]

Friday, June 29, 2018 @ 1:21 PM

SENTENCING - Criminal Code offences - Failing or refusing to provide breath or blood sample - Sentencing considerations - Aggravating factors - Mitigating factors

Appeal by Suter from a judgment of the Alberta Court of Appeal varying the sentence imposed to Suter for refusing to provide a breath sample after causing an accident resulting in a death. ... [read more]

Friday, June 29, 2018 @ 10:03 AM - Last Updated: Friday, June 29, 2018 @ 5:00 PM

SCC sheds first light on 2008 sentencing reforms that hiked penalties for breath sample refusals Michael Moldaver

The Supreme Court of Canada has for the first time provided guidance on the 2008 Criminal Code reforms that hiked penalties — and created two new offences — for refusing to provide a breath sample in impaired driving cases where death or bodily harm occurs. ... [read more]

Wednesday, June 27, 2018 @ 1:12 PM

Trinity Western case a nuanced look at scope of religious freedom | Heather MacIvor

On June 15 the Supreme Court of Canada approved the refusal by two law societies to accredit graduates of a proposed law school at Trinity Western University (TWU) in British Columbia. Students and faculty at the private evangelical Christian school are required to sign a “community covenant agreement,” pledging to “voluntarily abstain” from “sexual intimacy that violates the sacredness of marriage between a man and a woman.” Violations of the covenant can result in suspension or expulsion. ... [read more]

Monday, June 25, 2018 @ 10:41 AM

Supreme Court’s TWU decision: an illiberal outcome Humanoids_sm.jpg

The Supreme Court of Canada’s Trinity Western decisions (Trinity Western University v. Law Society of Upper Canada 2018 SCC 33; Law Society of British Columbia v. Trinity Western University 2018 SCC 32) are being celebrated by many as a win for diversity. In truth, the “diversity” advanced by the majority’s reasons is not authentic diversity at all. ... [read more]