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Supreme Court of Canada

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Wednesday, September 23, 2020 @ 1:31 PM

Access to Justice: Gladue reports: We all have role to play | Michelle O’Bonsawin

This column has allowed me to share my perspective on A2J for the past year. It is now time to widen that perspective and so I have decided to invite guest writers — dedicated and innovative A2J actors — to share the column with me from time to time. I am extremely pleased to introduce our first guest, Madam Justice Michelle O'Bonsawin. — Beverley McLachlin ... [read more]

Tuesday, September 22, 2020 @ 11:57 AM

Intervener groups say federal carbon tax constitutional as Supreme Court begins hearings Amir Attaran

As the fight over the constitutionality of the centrepiece of the Trudeau government’s climate legislation heads to the Supreme Court, intervener groups are saying the law is not only legally sound but essential to face the pressures caused by climate change. ... [read more]

Friday, September 18, 2020 @ 5:40 PM

Supreme Court tackles retroactive child support, rules B.C. can change past support orders Russell_Brown_sm

The Supreme Court of Canada has brought some clarity to retroactive child support, ruling in a case out of British Columbia that, unlike federal divorce legislation, there is no jurisdictional bar under the province’s Family Law Act stopping a parent from applying for unpaid back support — even if the child has since become an adult or the support order has expired. ... [read more]

Friday, September 18, 2020 @ 2:26 PM

MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income - Financial disclosure - Retroactive awards

Appeal by the mother from a judgment of the Court of Appeal of British Columbia that confirmed the setting aside of an order that required the father to pay $23,000 in retroactive child support. ... [read more]

Monday, September 14, 2020 @ 4:31 PM

Legal bodies call for greater diversity on federal courts Anthony Navaneelan

Three dozen legal associations and advocacy groups have sent a letter to Canada’s attorney general calling for current judicial vacancies at the Federal Court to be filled with judges of colour as a way of increasing racial diversity on the bench. ... [read more]

Thursday, September 10, 2020 @ 7:16 PM

Supreme Court twice weighs in on Ontario anti-SLAPP legislation Suzanne_Cote_sm

Canada’s highest court has for the first time zeroed in on Ontario’s anti-SLAPP laws via two rulings, finding in one that a developer’s lawsuit aimed at statements by a residents’ association was a SLAPP and went against the public’s interest in hearing the group’s environmental concerns, while deciding in another the advancement of a doctor’s defamation case is of greater public interest than the defendant’s right to expression. ... [read more]

Thursday, September 10, 2020 @ 3:52 PM

DISPOSITION WITHOUT TRIAL - Lack of jurisdiction

Appeal by 1704604 Ontario Limited (170 Ontario) from a decision of the Ontario Court of Appeal. 170 Ontario wanted to develop a subdivision in Sault Ste. Marie. In order to do so, it was necessary for 170 Ontario to obtain the approval of both the Sault Ste. Marie Region Conservation Authority (SSMRCA) and the Sault Ste. Marie City Council (City Council). ... [read more]

Thursday, September 10, 2020 @ 1:09 PM

DEFAMATION - Defamatory statements - Professional misconduct - Defences - Justification or truth - Qualified privilege

Appeals by Bent and Lerners LLP from a Court of Appeal decision that dismissed Bent’s motion under s. 137.1 of the Courts of Justice Act to dismiss the respondent’s defamation action. ... [read more]

Friday, September 04, 2020 @ 9:29 AM

Senator considers seeking Supreme Court clarity on parliamentary privilege, rule of law

Independent Sen. Mike Duffy’s final hope for clarity on whether parliamentary privilege trumps his quest to seek court-ordered damages against the Senate could rest with the Supreme Court of Canada. ... [read more]

Friday, August 28, 2020 @ 3:35 PM - Last Updated: Sunday, August 30, 2020 @ 10:59 AM

Supreme Court to start early with in-person hearings, reinstate civil deadlines

The Supreme Court of Canada will resume in-person hearings as part of an early start to its fall session and is lifting its suspension of filing deadlines for civil proceedings. According to an Aug. 27 news release, the early start, set to begin Sept. 22, is to hear cases that were sidelined due to the pandemic. ... [read more]