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Supreme Court of Canada

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Friday, October 15, 2021 @ 2:35 PM

PERFORMANCE OF OBLIGATIONS - Nonperformance - Exemption

Appeal by 636222 Canada inc. (“Createch”) from a judgment of the Quebec Court of Appeal that affirmed the trial judgment that held a non-liability clause in the parties’ contract was inoperative. ... [read more]

Thursday, October 14, 2021 @ 3:27 PM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Homicide - Second degree murder

Appeal by Khill from a decision of the Court of Appeal of Ontario that overturned his acquittal, by a jury, on a charge of second-degree murder. Khill, who had some military training, was awoken by his partner who reported sounds outside their home. ... [read more]

Friday, October 01, 2021 @ 4:28 PM

DIVISION OF POWERS - Provincial jurisdiction - Provincial powers (Constitution Act, 1867, s. 92) - Municipal institutions

Appeal by the City of Toronto from a judgment of the Ontario Court of Appeal that held that the Better Local Government Act, 2018, was constitutional. During the City of Toronto’s municipal election campaign, the Province of Ontario enacted the Better Local Government Act, 2018, which reduced the size of Toronto City Council from 47 wards to 25. ... [read more]

Wednesday, September 29, 2021 @ 2:19 PM

SCC refuses to hear appeals from Quebec judge facing discipline proceedings at judicial council

The Supreme Court of Canada won’t hear appeals from a Quebec Superior Court judge who is challenging discipline proceedings against him by the Canadian Judicial Council (CJC). Without giving reasons, as per its normal practice, the top court on Sept. 29 dismissed leave applications by Justice Gérard Dugré, who faces separate allegations in CJC proceedings that he used intemperate and inappropriate language in court, and that he took too long to render judgment. ... [read more]

Wednesday, September 29, 2021 @ 10:50 AM

Manidobawitigong and Lake of Everything: A feather’s journey to justice | Stephen O’Neill

The early evening sun of Aug. 9 remained stubbornly bright, 40 kilometres downstream from Fort Frances in northwestern Ontario. We stood with him and watched the Manitou Rapids as they boiled through the centre of the wide river. This was the end of day one of our six day, 240-kilometre canoe trip down the Rainy River and through Lake of the Woods and the Devil’s Gap to the Kenora Courthouse. ... [read more]

Wednesday, September 29, 2021 @ 8:41 AM

Charter dilemmas for spiritual Canadians | Sam Zargami

Designing the Canadian Charter of Rights and Freedoms is a difficult task. Drafters must consider the explicit and implicit meanings of each section with respect to the scope of rights that it protects. Judges and lawyers understand the Charter through purposive interpretation and precedent analysis. However, two Canadian precedents demarcate the scope of religious freedom in a manner that may infringe the right that it aims to protect. ... [read more]

Friday, September 24, 2021 @ 5:46 PM

Courts may vary sealing orders & publication bans after merits of underlying case are decided: SCC Supreme Court Justice Nicholas Kasirer

The Supreme Court of Canada has shed new light on the operation of the doctrine of functus officio in a judgment which unanimously recognizes that a court has the continuing supervisory authority to lift or otherwise vary sealing orders and publication bans, even after the merits of the underlying case have been finally determined. ... [read more]

Thursday, September 23, 2021 @ 12:30 PM

Supreme Court of Canada won’t hear s. 12 Charter attack on regulatory mandatory minimum fines

The Supreme Court of Canada ruled today that it will not hear an appeal from a failed Charter challenge by a Quebec project manager slapped with a mandatory minimum fine for violating the province’s Building Act. ... [read more]

Thursday, September 09, 2021 @ 12:33 PM

SCC refuses to hear Nygard’s challenge to bail denial as he awaits outcome of U.S. extradition request

High-profile women’s apparel manufacturer Peter Nygard, who is confined to a Manitoba jail pending the outcome of a U.S. extradition request with respect to sex trafficking and racketeering charges south of the border, has lost his bid to have the Supreme Court of Canada review the Manitoba courts’ decision to deny him bail. ... [read more]

Thursday, September 02, 2021 @ 1:26 PM

Association with cannabis still damaging to reputation, goodwill No Cannabis Sign

Canada legalized the recreational sale of marijuana in October of 2018, but since then few cannabis companies have developed a positive brand image for themselves at the retail level. Even legalized cannabis appears to continue to suffer from negative connotations, as reflected in efforts by established brands in other areas to want to distance themselves from anything cannabis related. ... [read more]