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Supreme Court of Canada

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Friday, October 26, 2018 @ 1:46 PM

RIGHTS OF ACCUSED - To disclosure

Appeals by Gubbins and Vallentgoed from a judgment of the Alberta Court of Appeal setting aside a decision which affirmed the stay of proceedings in Gubbins’ case and ordered a new trial for Vallentgoed. ... [read more]

Thursday, October 25, 2018 @ 12:00 PM

Top judge warns of ‘worrying trend’ of incivility on bench, urges judges to lead by example, avoid personalized attacks Richard Wagner

Canada’s top judge is warning that the Canadian judiciary is not immune from the “excesses and loss of control” that too often infect public discourse, and which are also reflected in some vitriolic judicial opinions emanating from south of the border. ... [read more]

Wednesday, October 24, 2018 @ 9:27 AM

Justice Côté goes own way in almost 40% of cases but her SCC admin law dissents push the court TLD Exclusive

When the Supreme Court zigs, this judge zags. As she closes in on her fourth anniversary at the top court Dec. 1, Justice Suzanne Côté, a former star civil litigator from Montreal, is staking her claim to the “great dissenter” mantle worn most recently by several of her predecessors from Quebec, Marie Deschamps, Morris Fish and Claire L’Heureux-Dubé. ... [read more]

Tuesday, October 23, 2018 @ 8:53 AM

Supreme Court weighs in on parliamentary privilege | Mark Bourrie

Most lawyers will never handle a case that runs up against parliamentary privilege. When they do, they’re often trapped in a legal black hole where administrative law and even some aspects of the Charter may not apply. ... [read more]

Monday, October 22, 2018 @ 3:00 PM

Justice Martin named honorary fellow of American College of Trial Lawyers

The American College of Trial Lawyers presented Justice Sheilah L. Martin of the Supreme Court of Canada with an honorary fellowship at its annual meeting in New Orleans. ... [read more]

Friday, October 19, 2018 @ 5:39 PM

SCC decides breathalyzer and sex assault appeals from the bench Richard Wagner

The Supreme Court of Canada has rendered noteworthy judgments from the bench in separate impaired driving and sexual assault appeals that both attracted interveners. On Oct. 15, Chief Justice Richard Wagner allowed, 8-1 from the bench, with reasons to follow, the Quebec Crown’s appeal from an important decision of the Quebec Court of Appeal last year. ... [read more]

Friday, October 19, 2018 @ 2:35 PM

DAMAGE INSURANCE - Liability insurance - Coverage - Exclusions

Appeals by 3091-5177 Québec inc. (Éconolodge) and Promutuel Insurance Portneuf-Champlain (Promutuel) from a judgment of the Québec Court of Appeal setting aside in part a decision of the Court of Québec. ... [read more]

Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Thursday, October 11, 2018 @ 2:10 PM

ABORIGINAL STATUS AND RIGHTS - Duties of the Crown - Fair dealing and reconciliation - Consultation and accommodation

Appeal by Mikisew Cree First Nation (Mikisew) from a judgment of the Federal Court of Appeal setting aside a declaration by the Federal Court. ... [read more]

Thursday, October 11, 2018 @ 10:29 AM - Last Updated: Friday, October 12, 2018 @ 10:23 AM

SCC rules 7-2 there is no Crown duty to consult with First Nations when developing and enacting laws Andromache-KARAKATSANIS

The Supreme Court has determined 7-2 that the Crown’s constitutional duty to consult with Indigenous peoples does not apply when legislators are making laws. ... [read more]