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Supreme Court of Canada

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Thursday, November 05, 2020 @ 2:14 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Protection against cruel and unusual treatment or punishment - Availability of Charter protection – Corporations

Appeal by the Attorney General of Quebec and Director of Criminal and Penal Prosecutions from a judgment of the Quebec Court of Appeal that found s. 12 of the Canadian Charter of Rights and Freedoms (Charter) could apply to corporations. ... [read more]

Tuesday, November 03, 2020 @ 1:38 PM

Is SCC looking like SCOTUS?: The language in Fraser v. Canada supreme_court_question_sm

There’s something afoot in the Supreme Court of Canada. And it adds heavy fuel to the debate about the extent to which the court is becoming politicized. ... [read more]

Monday, November 02, 2020 @ 2:45 PM

Supreme Court of Canada refines Charter equality rights in RCMP pension case Mounties

The Supreme Court of Canada has reaffirmed and refreshed the broad scope for equality rights under s. 15 of the Charter, in a ruling that has instantly become one of the most significant anti-discrimination cases in this century. ... [read more]

Friday, October 30, 2020 @ 4:40 PM

Class action can be certified even if circumstances vary from one group member to another: SCC Justice Nicholas Kasirer

The Supreme Court has ruled a class action by investors against mutual fund sellers and managers in Quebec can go ahead, a ruling being called a win for investors all across Canada. In 2011 Ronald Asselin launched a class action against Desjardins Financial Services Firm (DFSF) and Desjardins Global Asset Management (DGAM) in which he alleges that two investment funds which had been advertised as being low risk and secure were actually the opposite, leading to financial losses for investors. ... [read more]

Friday, October 30, 2020 @ 2:48 PM

PARTIES - Class or representative actions - Certification - Common interests and issues

Appeal by Desjardins Financial Services Firm (Firm) and Desjardins Global Asset Management (Management) from a judgment of the Quebec Court of Appeal that authorized the class action proposed by the respondent Asselin. ... [read more]

Friday, October 23, 2020 @ 4:28 PM

SCC clarifies test on legality of post-incorporation contracts Justice Suzanne Côté

The Supreme Court has ruled the test for finding whether a post-incorporation contract exists is the same as it is for any other agreement, a decision being called an important one for certainty in commercial transactions. The decision in Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp. 2020 SCC 29 concerns Crystal Square, a mixed-use retail complex, office tower, residential tower and hotel in Burnaby, B.C. ... [read more]

Friday, October 23, 2020 @ 1:05 PM

CONDOMINIUMS - Condominium Corporation

Appeal by the strata corporation for the owners of Strata Plan LMS 3905 (Strata Co) from a decision of the British Columbia Court of Appeal that found it had entered a post-incorporation contract with the respondent, Crystal Square Parking Corporation (CSPC). ... [read more]

Friday, October 16, 2020 @ 5:09 PM

SCC rules RCMP pension plan discriminatory to women in part-time work program Rosalie Abella

The Supreme Court of Canada has found the RCMP’s pension plan discriminates against women after the force denied three female officers their request to buy back pension credits lost while working part time in order to have more time with their children. ... [read more]

Friday, October 16, 2020 @ 3:04 PM

PRIVATE PENSION PLANS - Constitutional issues - Canadian Charter of Rights and Freedoms

Appeal by Fraser, Pilgrim and Fox from a judgment of the Federal Court of Appeal that affirmed the dismissal of their Charter claim. ... [read more]

Wednesday, October 14, 2020 @ 11:28 AM

Supreme Court on jurisdiction for retroactive child support in Graydon: Further analysis Pocket watch on money

In part one, we discussed the history of Michel v. Graydon 2020 SCC 24 (Graydon), in which the Supreme Court of Canada determined that litigants are not barred from bringing an application for retroactive child support, even where the “child” in question is over the age of majority and/or financially independent. Part two continues this discussion by looking at s. 152 of B.C.’s Family Law Act (FLA) and s. 17 of the Divorce Act. ... [read more]