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Supreme Court of Canada

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Thursday, October 01, 2015 @ 08:00 PM

Importance of builder liens, trusts both underscored in SCC decision

In its first construction lien ruling in years, the Supreme Court has ruled that unpaid subcontractors can seek compensation via builders’ liens and statutory trusts, and are not confined to pursuing just one of the statutory remedies at a time. ... [read more]

Thursday, September 24, 2015 @ 08:00 PM

SCC sees legal pipeline reaching from Ecuador to here for Chevron

The Supreme Court has declined to narrow Canadian courts’ scope to enforce foreign judgments, setting out a common law rule for presence-based jurisdiction over corporations that perhaps will make it easier to sue a company carrying on business in a province for claims unrelated to its operations there. ... [read more]

Thursday, September 17, 2015 @ 08:00 PM

Text privacy case appears SCC bound

With text messages becoming an increasingly popular means of communication, the Supreme Court of Canada is likely soon to determine whether they attract the same high level of privacy protection awarded telephone conversations. ... [read more]

Thursday, September 10, 2015 @ 08:00 PM

Battleground to be privilege in SCC cases

The Supreme Court’s fall menu starting early next month includes two civil test cases affecting lawyers and notaries and a pair of novel criminal appeals related to sexual offences. ... [read more]

Thursday, August 20, 2015 @ 08:00 PM

Lawyer fears top court ruling will ease path for prosecutors

Governments are expected to amp up their use of Charter-exempt administrative money penalties after the Supreme Court green- lighted hefty fines for misrepresentation by tax professionals. ... [read more]

Thursday, July 02, 2015 @ 08:00 PM

Supreme Court sets the bar high for liability in application review

Ottawa faces potential civil liability if the federal justice minister reviews Criminal Code applications for mercy in an “irrational,” “bad faith” or “seriously reckless” way, the Supreme Court has held. ... [read more]

Thursday, June 25, 2015 @ 08:00 PM

SCC strikes down feds’ law on marijuana

The Supreme Court’s invalidation of medicinal marijuana regulations marks the court’s latest refusal to uphold measures that reflect “a total disconnect” between a law’s professed positive aims and its Charter-violating effects. ... [read more]

Thursday, June 04, 2015 @ 08:00 PM

Top court: Opportunity to serve trumps ultimate jury composition

Lawyers say the Supreme Court’s narrow view of the state’s constitutional obligation to compile a representative jury roll could, at worst, constrain Ontario government efforts to improve the representation of First Nations on juries. ... [read more]

Thursday, May 28, 2015 @ 08:00 PM

Norris warns more will be jailed before trial given top court ruling

Critics warn that the Supreme Court’s expansion of the power to deny bail when necessary to maintain public confidence will fill overcrowded jails with accused who are neither dangerous nor likely to flee before trial. ... [read more]

Thursday, May 14, 2015 @ 08:00 PM

Despite one man’s SCC success little ground gained, says lawyer

Innocent people imprisoned because of the Crown’s failure to disclose exculpatory evidence are likely to be left without state compensation in many cases because the Supreme Court has made it too difficult to obtain Charter damages, a lawyer warns. ... [read more]