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Supreme Court of Canada

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Tuesday, September 10, 2019 @ 11:50 AM

In Callidus Capital, SCC looks at litigation funding | Julius Melnitzer

With the Supreme Court of Canada’s decision to hear the appeal in 9354-9186 Québec inc., et al. v. Callidus Capital Corporation 2018 QCCA 632, litigation funding will for the first time be front and centre at the high court. ... [read more]

Friday, September 06, 2019 @ 2:54 PM

Confusion remains over Hague Convention, SCC hybrid approach to child residence, lawyer says Steven Bookman sm

The Ontario Court of Appeal’s decision on a Hague Convention application in a family dispute has not provided clarity on the hybrid approach to habitual residence established by the Supreme Court of Canada, counsel said. Lawyers involved in the case noted the decision highlights the confusion surrounding Hague matters and the need for the hybrid approach to “evolve.” ... [read more]

Friday, September 06, 2019 @ 9:17 AM

Predicting just cause for dismissal a mug’s game | Stuart Rudner

When it comes to just cause for dismissal, the only absolute rule is that there are no absolute rules. ... [read more]

Monday, August 19, 2019 @ 9:42 AM

Some bar groups leery of top judge’s idea that appellate nominees face public scrutiny Richard Wagner

Chief Justice of Canada Richard Wagner believes introducing appellate court nominees to the public would bolster confidence in the judiciary — but he’s not advocating any particular method of doing so, his office tells The Lawyer’s Daily. ... [read more]

Friday, August 16, 2019 @ 11:01 AM

Canadian Judicial Council asks top court to settle whether discipline body subject to judicial review Norman_Sabourin

The contentious question of whether the disciplinary actions of the Canadian Judicial Council (CJC) can be judicially reviewed for procedural fairness has landed on the steps of the highest court in the land — where two of nine judges won’t play a role in the outcome. ... [read more]

Thursday, August 15, 2019 @ 10:52 AM

Legislation increases director flexibility, clarifies legal obligations money_environment_sm

The recently passed Bill C-97 articulates meaningful changes to directors’ duties in Canada. By amending the Canada Business Corporations Act (CBCA), this legislation broadens the class of stakeholders to whom directors must turn their minds when stewarding a corporation. Bill C-97 codifies past judicial treatment of this issue and adds new contours to directors’ legal obligations. Understanding these developments is of vital importance for boards of directors in discharging their legal duties. ... [read more]

Wednesday, August 07, 2019 @ 2:34 PM - Last Updated: Wednesday, August 07, 2019 @ 2:50 PM

Justice Kasirer confirmed as next Supreme Court judge

Prime Minister Justin Trudeau on Aug. 7 announced the appointment of Justice Nicholas Kasirer to the Supreme Court of Canada, effective Sept. 16, 2019. ... [read more]

Friday, August 02, 2019 @ 11:27 AM

Quebec’s top judge says outreach needed to boost female representation at highest judicial levels TLD Exclusive

Quebec’s top judge tells The Lawyer’s Daily that, in her experience, even the most accomplished female jurists are, generally speaking, more apt than their male counterparts to need encouragement to apply for senior roles in the judiciary. ... [read more]

Wednesday, July 31, 2019 @ 4:52 PM

SCC says ‘rape shield’ was misapplied to bar sexual history questions, but convicts accused Andromache-KARAKATSANIS

The Supreme Court of Canada has unanimously ruled that an Ontario man accused of sexually assaulting and impregnating a minor who testified she was a virgin at the time of the incident was improperly prevented from cross-examining her about whether she had engaged in sexual activity with anyone else at the relevant time. ... [read more]

Monday, July 29, 2019 @ 12:48 PM

No surprises in SCC courts martial decision | Richard Pound

While the outcome of the litigation in R. v. Stillman 2019 SCC 40 may have been disappointing for the litigants, it should have come as no surprise to their counsel. This was not the first time that the Charter has been invoked in an effort to avoid the trial of certain offences before military tribunals. ... [read more]