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Supreme Court of Canada

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Friday, December 07, 2018 @ 5:02 PM - Last Updated: Tuesday, December 11, 2018 @ 3:00 PM

SCC rules shareholders can’t sue for third-party harms to corporation absent ‘distinct’ obligation, ‘direct’ injury Caroline Biron

The Supreme Court has ended a $55 million damages suit for loss of shareholder value brought by the trustees of a Quebec trust against the lawyers and accountants they allege gave faulty tax advice that bankrupted the companies whose shares the trust owns. ... [read more]

Friday, December 07, 2018 @ 1:38 PM

CORPORATIONS - Shareholders - Rights and powers - Juridical personality - Evidence and procedure - Standing

Appeal by Brunette and another trustee of Fiducie Maynard (Fiducie) from a judgment of the Court of Appeal of Quebec affirming a decision that dismissed Fiducie’s action on the basis that it did not have a sufficient interest to claim damages for the total loss of value of its patrimony. ... [read more]

Thursday, December 06, 2018 @ 2:27 PM - Last Updated: Friday, December 07, 2018 @ 8:23 AM

Defence efforts to rebut presumptions in support of breathalyzer results require more than speculation, conjecture: SCC Justice Richard Wagner

In a judgment of note in thousands of drinking and driving cases across Canada, the Supreme Court has clarified the nature and scope of the evidence that an accused must adduce to rebut the presumptions of accuracy and identity applicable to breathalyzer test results under s. 258(1)(c) of the Criminal Code. ... [read more]

Thursday, December 06, 2018 @ 12:51 PM

MOTOR VEHICLES - Impaired driving or driving over the legal limit - Breathalyzer or blood sample demand

Appeal by the Crown from a judgment of the Quebec Court of Appeal reversing a decision that set aside Cyr-Langlois’s acquittal on a charge of operating a motor vehicle with a blood alcohol level exceeding 80 mg of alcohol in 100 ml of blood. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Monday, December 03, 2018 @ 10:45 AM

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’ Robert Danay

Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members. ... [read more]

Friday, November 30, 2018 @ 6:01 PM - Last Updated: Monday, December 03, 2018 @ 3:03 PM

SCC tweaks rules for requiring journalistic materials to be produced to police in aid of criminal investigations Michael Moldaver

The Supreme Court has split 5-4 to reject journalists’ pleas to make it harder for courts to order media to produce their private journalistic material to police in aid of criminal investigations — including refusing to require that production orders must be a last resort to be used against media only when alternative sources for the information are not available. ... [read more]

Friday, November 30, 2018 @ 1:42 PM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity

Appeal by Vice Media Canada Inc. (Vice) from a judgment of the Ontario Court of Appeal affirming in part a decision which dismissed its applications to quash, vary or revoke a production order and allowed in part an application to set aside a sealing order. ... [read more]

Friday, November 23, 2018 @ 1:31 PM

TRUSTS - Constructive trusts - Judicial recognition of constructive trust - Unjust enrichment

Appeal from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the proceeds of an insurance policy were payable to Michelle Constance Moore. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]