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Supreme Court of Canada

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Monday, March 15, 2021 @ 2:37 PM

Supreme Court unveils new heraldic emblems Chief Justice Richard Wagner

The Supreme Court now has a new coat of arms, flag and badge aimed at visually expressing its role and traditions. The unveiling of the new heraldic emblems took place March 15 at a small ceremony with Chief Justice Richard Wagner and Canada’s chief herald Samy Khalid. ... [read more]

Friday, March 12, 2021 @ 1:17 PM

APPEALS - Grounds - Unreasonable verdict - Powers of appellate court - Stay of proceedings - Substitution of verdict

Appeal by the Crown from a decision of the Ontario Court of Appeal that quashed the respondent RV’s convictions for sexual interference and invitation to sexual touching, entered verdicts of acquittal, and upheld RV’s acquittal for sexual assault. ... [read more]

Friday, March 05, 2021 @ 2:17 PM

PROCEDURE - Jury - Challenges for cause - Empanelling - Appeals - Powers of appellate court

Appeal by the Crown from a judgment of the Ontario Court of Appeal that set aside the convictions of two accused for terrorism offences and ordered a new trial. ... [read more]

Monday, March 01, 2021 @ 1:23 PM

Denial of leave in Internet case ‘puts us one step closer’ to affordable rates, industry rep says

A number of players in Canada’s telecommunications industry are hailing the Supreme Court’s decision not to hear an appeal of the decision by the Canadian Radio-television and Telecommunications Commission (CRTC) to lower the wholesale Internet rates large carriers charge their smaller competitors. ... [read more]

Thursday, February 25, 2021 @ 8:29 AM

Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP Top Ten on a pedestal

What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Friday, February 05, 2021 @ 2:35 PM

Supreme Court Prime: Same day verdict delivery | Marcel Strigberger

The Supreme Court of Canada has been doing an increased number of quickies. ... [read more]

Friday, February 05, 2021 @ 2:12 PM

PERFORMANCE AND DISCHARGE – Performance - Good faith

Appeal by Wastech Services Ltd. (Wastech) from a judgment of the British Columbia Court of Appeal that dismissed its appeal from a decision that set aside an arbitration award in its favour. ... [read more]

Thursday, February 04, 2021 @ 8:28 AM

Post-dismissal misconduct grounds for just cause Finger pointing at accused person

A dismissal for just cause is a matter of substance, not form. The central question concerning just cause is whether an employee’s misconduct is sufficiently serious that it strikes at the heart of the employment relationship. The answer to this question requires a factual inquiry through a contextual examination of the nature and circumstances of the misconduct. These observations create an impression that the concept of just cause is concerned with a retrospective assessment of the employee’s pre-dismissal conduct. However, this is not always so. In limited circumstances, just cause can be asserted in relation to an employee’s post-dismissal conduct. ... [read more]

Wednesday, February 03, 2021 @ 8:36 AM

Look before leaping: Secession of a province part two Jet plane leaving formation

The first part in this series looked at the legislative framework that arose as a result of the 1995 Quebec referendum on secession and the Supreme Court reference on secession. In the Reference re Secession of Quebec [1998] 2 S.C.R. 217, while the court concluded that a clear majority of voices were needed in a referendum in order to trigger a constitutional duty to negotiate, they did not further define what “a clear majority” meant. ... [read more]

Friday, January 29, 2021 @ 2:48 PM

JURISDICTION - Courts - Provincial and territorial courts

Appeal by TJM, a young person charged with second-degree murder, from a decision of the Alberta Court of Queen’s Bench that found that a justice of a superior court did not have jurisdiction to hear and adjudicate an application for judicial interim release of a young person. ... [read more]