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Supreme Court of Canada

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Friday, May 25, 2018 @ 3:00 PM

PROCEDURE - Pleas - Change of plea - Voluntariness

Appeal by Wong from a judgment of the British Columbia Court of Appeal affirming his conviction for trafficking in cocaine. ... [read more]

Friday, May 25, 2018 @ 1:00 PM - Last Updated: Friday, May 25, 2018 @ 4:51 PM

SCC clarifies law on setting aside uninformed guilty pleas Micahel Moldaver

The Supreme Court of Canada has divided over the test for setting aside uninformed guilty pleas in a 4-3 decision that upholds the cocaine trafficking conviction of a B.C. permanent resident who was not informed by his criminal defence counsel that his guilty plea could lead to him being deported for “serious criminality” under Canada’s immigration laws. ... [read more]

Friday, May 18, 2018 @ 5:59 PM

Supreme Court affirms workers’ compensation board’s authority to impose fine on forestry company Paul Daly

In a noteworthy judicial review case from B.C., the Supreme Court of Canada has divided over how to determine whether a workers’ compensation board had the requisite statutory authority to promulgate the workplace safety regulation under which a forestry company was fined for not ensuring the safety of a worker killed on the job. ... [read more]

Friday, May 18, 2018 @ 2:13 PM

WORKPLACE HEALTH AND SAFETY - Liability - Offences and enforcement - Fines - Appeals and judicial review

Appeal by West Fraser Mills Ltd. (West Fraser) from the judgment of the British Columbia Court of Appeal affirming the decision of the British Columbia Supreme Court which dismissed an application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (Tribunal). ... [read more]

Thursday, May 17, 2018 @ 3:08 PM

SCC okays limited use of sexual assault complainant’s prior consistent out-of-court statement to police Chief Justice Richard Wagner

The Supreme Court of Canada has affirmed that when a sexual assault complainant’s testimony is challenged for inconsistency with her prior police statements the court can also take into account the consistent elements of her statements to help assess whether the inconsistencies are material or not. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Friday, May 11, 2018 @ 6:29 PM

SCC rules garage owner owed no duty of care to secure car from joyriding youth who crashed David Young

A youth who was catastrophically brain-injured as a result of a drunken joyride in a car he helped steal from a garage parking lot faces a more difficult future after the Supreme Court ruled 7-2 that the garage owed him no duty of care as it was not reasonably foreseeable that the defendant’s actions in leaving the car unlocked, with the keys in the ashtray, would lead to the teenager being injured in a car crash. ... [read more]

Friday, May 11, 2018 @ 2:47 PM

NEGLIGENCE - Duty and standard of care - Duty of care - Causation - Foreseeability and remoteness

Appeal by Rankin (Rankin’s Garage & Sales) from the judgement of the Ontario Court of Appeal affirming the decision holding Rankin’s Garage liable for the damages suffered by the plaintiff in a motor vehicle accident. ... [read more]

Thursday, May 10, 2018 @ 6:12 PM

SCC strikes down a pay equity law for first time but judges splinter over s. 15 equality rights Justice Rosalie Silberman Abella

A pair of pay equity cases from Quebec have exposed fault lines at the Supreme Court of Canada in respect of the Charter’s s. 15(1) prohibition of sex discrimination and s. 15(2) protection of programs which ameliorate discrimination. ... [read more]

Thursday, May 10, 2018 @ 3:15 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Equality rights - Equal benefit of the law

Appeal by the Attorney General of Quebec (Quebec) from a judgment of the Quebec Court of Appeal affirming in part the decision of the Superior Court and declaring ss. 76.3, 76.5 and 103.1 para. 2 of the Pay Equity Act (Act) breached s. 15 of the Canadian Charter of Rights and Freedoms (Charter) and were therefore unconstitutional. ... [read more]