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Supreme Court of Canada

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Friday, August 17, 2018 @ 9:37 AM

Lawyers foresee bumpy road ahead if TWU renews its bid for law school accreditation Barry Bussey

Lawyers foresee a bumpy road ahead if Trinity Western University (TWU) renews its failed bid to create Canada’s first religious law school. The Langley, B.C.-based evangelical Christian private university announced Aug. 14 that starting in the 2018-2019 school year student adherence to its religious-based code of ethics (“community covenant”) will be optional (but not for professors or other staff) — not mandatory as before. ... [read more]

Wednesday, August 15, 2018 @ 9:32 AM

Supreme Court of Canada Chief Justice Wagner picks francophone litigator as new principal advisor Renee Theriault

The Supreme Court of Canada has announced a key personnel change as it prepares for a busy fall session. On Aug. 14, the top court revealed that Vancouver civil litigator Gib van Ert, the executive legal officer (ELO) to the Chief Justice of Canada for the past three years, has been succeeded in that key role by Renée Thériault — the first francophone female ELO and only the third woman to take on the influential behind-the-scenes job as principal advisor to Canada’s top judge. ... [read more]

Friday, July 20, 2018 @ 1:56 PM

SCC reiterates that ‘innocence at stake’ remains sole exception to informer privilege Justice Rosalie Abella

The Supreme Court has reiterated 9-0 that informer privilege can only be pierced in criminal cases when an accused convinces a court via a “McClure” application that his or her innocence is at stake. On July 20, the top court declined the invitation of intervener defence bar groups and legal regulators across the country to dilute the near-absolute common law protection accorded to informer privilege — which can be pierced only when an accused’s innocence is shown to be at stake: R. v. Brassington 2018 SCC 37. ... [read more]

Friday, July 20, 2018 @ 1:18 PM

EVIDENCE - Privilege - Informants - Privileged relationships - Solicitor and client

Appeals by the Crown from judgments of the British Columbia Court of Appeal and the British Columbia Supreme Court permitting disclosure by Brassington and the other accused of informer-privileged information and declaring that they were permitted to provide information about confidential informers to their legal counsel. ... [read more]

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]