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Supreme Court of Canada

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Thursday, February 15, 2018 @ 12:58 PM

TRUSTS - Express trusts - Notice of - Breach of trust - Duty to provide information

Appeal from a judgment of the Alberta Court of Appeal that affirmed a decision concluding that Bird Construction Co. (Bird) had no duty to disclose the existence of a trust contained in a labour and material payment bond to Valard Construction Ltd. (Valard). ... [read more]

Thursday, February 15, 2018 @ 12:32 PM - Last Updated: Thursday, February 15, 2018 @ 5:25 PM

SCC says general contractor had fiduciary duty to notify subcontractor of existence of payment bond Chris Moore

In an important construction law ruling, the Supreme Court of Canada has ruled that a general contractor who was the obligee/trustee under a labour and material payment bond for a construction project in the Alberta oil sands had a fiduciary obligation to timely notify a subcontractor stuck with unpaid bills from that project of the existence of the bond. ... [read more]

Friday, February 09, 2018 @ 4:13 PM

SCC clarifies test for mandatory interlocutory injunctions Russell Brown

The Supreme Court has clarified the test for mandatory interlocutory injunctions in a judgment which holds that CBC need not remove website content that identified a young murder victim before a publication ban shielded her identity. ... [read more]

Friday, February 09, 2018 @ 1:35 PM

PROCEDURE - Trials - Publication bans and confidentiality orders

Appeal by Canadian Broadcasting Corporation (CBC) from a judgment of the Alberta Court of Appeal which set aside the decision that dismissed the Crown’s motion for an interlocutory injunction. ... [read more]

Tuesday, February 06, 2018 @ 7:06 AM

New chief justice of Canada seeks ‘good justice for all,’ reforms to ‘opaque’ judicial discipline, administration Richard Wagner

Lawyers and judges should strive for “good justice for all and not exceptional justice for a few,” the new chief justice of Canada says. ... [read more]

Friday, February 02, 2018 @ 4:22 PM

SCC restores Specific Claims Tribunal’s decision that First Nation’s historic claims against Canada are valid

In a boost for historic First Nations claims and the largely unheralded work of the Specific Claims Tribunal (SCT), a divided Supreme Court of Canada has restored the tribunal’s ruling that the Colony of British Columbia breached its fiduciary obligation to preserve the lands of the Williams Lake Indian Band from white settlement before Confederation — and that the federal Crown is responsible for that breach, as well as for Ottawa’s own failure to meet its obligations to the band after B.C. joined Confederation in 1871. ... [read more]

Friday, February 02, 2018 @ 1:24 PM

ABORIGINAL LANDS - Duties of the Crown - Sui generis fiduciary duty

Appeal by the Williams Lake Indian Band (Band) from a judgment of the Federal Court of Appeal allowing Canada’s application for judicial review of a decision of the Specific Claims Tribunal (Tribunal). ... [read more]

Thursday, February 01, 2018 @ 5:27 PM

Supreme Court ‘integrates’ duty to accommodate into Quebec’s injured workers’ legislation Justice Rosalie Silberman Abella

The Supreme Court has ruled that Quebec employers have a duty under the province’s injured workers’ legislation to reasonably accommodate those injured in the workplace — even though that duty is not expressly mandated by the statute. ... [read more]

Thursday, February 01, 2018 @ 4:47 PM

WORKPLACE HEALTH, SAFETY AND COMPENSATION - Workers’ compensation - Obligation to re-employ

Appeal from a judgment of the Quebec Court of Appeal affirming a decision allowing an application for judicial review of a decision of the Commission des lésions professionnelles (CLP) and remitting the matter for reconsideration. ... [read more]

Tuesday, January 30, 2018 @ 7:01 AM

Indigenous jurists made up 21% of applicants for SCC vacancy Kim Campbell

Fourteen jurists vied last fall to fill the Supreme Court’s western vacancy — of which 21 per cent self-identified as Indigenous, according to the Independent Advisory Board for Supreme Court of Canada Appointments, chaired by former prime minister Kim Campbell. ... [read more]