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Supreme Court of Canada

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Friday, December 15, 2017 @ 6:46 AM

Tributes roll in for Chief Justice McLachlin’s remarkable career as judge, leader and role model Group small

Supreme Court of Canada Chief Justice Beverley McLachlin was feeling the love, and no wonder. ... [read more]

Thursday, December 14, 2017 @ 4:25 PM

SCC clarifies proprietary estoppel in novel B.C. estates dispute Benjamin Arkin

The Supreme Court has liberalized the test for — and expanded the scope of — proprietary estoppel in a B.C. estates case involving a bitter dispute between two brothers and their older sister. ... [read more]

Thursday, December 14, 2017 @ 2:47 PM

INTERESTS IN LAND - Proprietary estoppel claims

Appeal by Cowper-Smith from a judgment of the British Columbia Court of Appeal which overturned the trial judge’s conclusion that he was entitled to purchase his sister’s interest in their mother’s house on the basis of proprietary estoppel. ... [read more]

Wednesday, December 13, 2017 @ 7:03 AM

Good advocacy ‘exceptionally’ important to Supreme Court’s incoming judge Martin Sheilah Martin and Anthony Housefather

Litigators take note: the Supreme Court of Canada’s latest nominee says she sets great store by incisive legal advocacy that helps her to do her job. ... [read more]

Tuesday, December 12, 2017 @ 10:48 AM - Last Updated: Tuesday, December 12, 2017 @ 12:33 PM

PM respects tradition of alternating top judges between Quebec and rest of Canada, names Wagner the SCC’s new chief justice Beverley McLachlin and Richard Wagner

Prime Minister Justin Trudeau has named Justice Richard Wagner — the top court’s senior Quebec puisne judge — as the 18th chief justice of Canada, succeeding Beverley McLachlin on Dec. 18. ... [read more]

Friday, December 08, 2017 @ 4:53 PM

SCC rules Charter s. 8 protects privacy of some text messages Gerald Chan

A split Supreme Court has ruled that a sender’s texts are sometimes entitled to Charter privacy protection, depending on “the totality of the circumstances.” Moreover, police need only obtain production orders — not electronic surveillance warrants — to seize stored “electronic conversations” pursuant to the Criminal Code, the majority held. ... [read more]

Friday, December 08, 2017 @ 2:33 PM

CONSTITUTIONAL ISSUES - Practice and procedure - Parties - Standing

Appeal from a judgment of the Ontario Court of Appeal affirming Jones’ convictions for firearms and drug trafficking offences and the pre-trial application ruling. Jones’ convictions rested on records of text messages seized from a Telus account associated with Waldron, his co-accused, pursuant to a production order obtained under s. 487.012 (now s. 487.014) of the Criminal Code (Code). ... [read more]

Friday, December 08, 2017 @ 2:13 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by Marakah from an Ontario Court of Appeal judgment affirming his convictions for firearms offences and upholding a pre-trial application ruling in the Crown’s favour. ... [read more]

Friday, December 08, 2017 @ 12:14 PM

Information on property sales must be made publicly available: Federal Court of Appeal

The Federal Court of Appeal has ruled against the Toronto Real Estate Board in its attempts to keep information from its listing service private, a decision the board is vowing to take to the Supreme Court of Canada. ... [read more]

Friday, December 08, 2017 @ 8:58 AM

B.C. Court of Appeal rules compensation for Forces veterans does not violate Charter Donald J. Sorochan

The British Columbia Court of Appeal has struck down a potential class action by members of the Canadian Forces against the federal government’s current compensation scheme for veterans, but a University of British Columbia law professor is saying the court may have erred in its interpretation of what positive obligations the Charter of Rights and Freedoms places on government. ... [read more]