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Supreme Court of Canada

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Friday, November 03, 2017 @ 11:24 AM

SCC poised to hear landmark Groia case on lawyer ‘incivility’ Joseph Groia

An overflow crowd of lawyers is expected at the Supreme Court Nov. 6 to watch a much-anticipated lawyer “incivility” test case that could define the boundaries of barristers’ zealous legal representation and of law societies’ powers to regulate courtroom advocacy. ... [read more]

Thursday, November 02, 2017 @ 12:29 PM

ABORIGINAL LANDS - Duties of the Crown - Consultation and accommodation - Constitutional issues - Canadian Charter of Rights and Freedoms - Freedom of religion

Appeal from a judgment of the British Columbia Court of Appeal affirming a decision dismissing an application for judicial review of a decision of the British Columbia Minister of Forests, Lands and Natural Resource Operations (Minister) to approve a ski resort development. ... [read more]

Thursday, November 02, 2017 @ 10:34 AM - Last Updated: Thursday, November 02, 2017 @ 6:13 PM

Presence of Indigenous sacred sites doesn’t bar ski development, SCC rules Gregory Tucker

The Supreme Court has specified new limits for the scope of the s. 2(a) Charter right to religious freedom, but has not slammed the constitutional door shut on protecting sites on public lands that are sacred to Indigenous spiritual belief and practice. ... [read more]

Tuesday, October 31, 2017 @ 6:31 PM

Judiciary says feds’ plan to disclose expenses of named judges is ‘constitutionally defective’ Pierre Bienvenu

The Canadian judiciary is pushing back hard against Bill C-58, warning MPs that the Trudeau government’s proposal to publicly disclose the travel and other expenses of named federal judges is “grossly unfair and unacceptable” and violates judicial independence. ... [read more]

Tuesday, October 31, 2017 @ 9:18 AM

Firearms lobby loses bid to thwart Quebec gun registry Stéphane Beaulac

The National Firearms Association and a Quebec-based pro-gun lobby group failed to put a stop to Quebec’s long-gun registry after the Superior Court held that the registry was constitutional. ... [read more]

Friday, October 27, 2017 @ 2:17 PM - Last Updated: Friday, October 27, 2017 @ 5:09 PM

SCC refuses 5-4 to expand banks’ defence to conversion claims Abella

In a 5-4 split, the Supreme Court of Canada has declined to reconfigure its long-standing approach to the statutory defence to the tort of conversion to make it easier for financial institutions to avoid liability when they inadvertently cash fraudulent cheques. ... [read more]

Friday, October 27, 2017 @ 1:33 PM

NEGOTIABLE INSTRUMENTS AND BILLS OF EXCHANGE - Bills, cheques and notes - Liabilities of parties

Appeal by Teva Canada Limited (Teva) from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the respondent banks were liable for conversion. ... [read more]

Thursday, October 26, 2017 @ 5:20 PM

Rae skewers Liberals’ SCC appointment process Bob Rae

Asking judges and other senior jurists to apply for the Supreme Court of Canada in the name of expanding the top court’s diversity is “misguided” because it effectively excludes some people who feel it is unseemly to compete for the job, said Bob Rae, Ontario’s ex-NDP premier, and the former interim leader of the federal Liberals. ... [read more]

Thursday, October 26, 2017 @ 3:10 PM

B.C. Appeal Court overturns decision on relocation issue in custody case Nicholas Bala, Queen's University Faculty of Law

The B.C. Court of Appeal has overturned a lower court ruling that would have allowed a mother in a custody case to relocate her 4-year-old son to the United Kingdom, saying the trial judge erred in his interpretation of evidence critical to the mother’s economic prospects. ... [read more]

Thursday, October 19, 2017 @ 2:07 PM

EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Criminality

Appeal by Tran from a judgment of the Federal Court of Appeal setting aside a decision granting the judicial review of a decision by the Minister to refer a report concerning Tran’s admissibility to the Immigration Division. ... [read more]