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Supreme Court of Canada

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Thursday, November 03, 2016 @ 8:00 PM

Ottawa sticks with new process to fill Supreme Court vacancies

Despite some pushback from the organized bar, the federal government says it is sticking with a new process for choosing Supreme Court judges that recently gave lawyers a rare glimpse into the mind of its first nominee, Justice Malcolm Rowe. ... [read more]

Thursday, October 27, 2016 @ 8:00 PM

Ottawa picks NL jurist for Supreme Court

Prime Minister Justin Trudeau’s pick for the Supreme Court of Canada is a strong-minded, incisive and hard-working jurist, with a stubborn streak, who doesn’t suffer fools gladly — in court or out, say lawyers and judges who know him. ... [read more]

Thursday, October 27, 2016 @ 8:00 PM

Top court’s decision underscores both independence and flexibility

Quebec justices of the peace — whose jurisdiction and pay were unilaterally cut by their province 12 years ago — regained some ground at the Supreme Court in a nationally important judgment that still leaves governments room to create, abolish and reform judicial posts in the public interest — including the potential flexibility to hire new judicial recruits at pay rates below that of the incumbents. ... [read more]

Thursday, October 13, 2016 @ 8:00 PM

Mandatory lawyer development headlines top court’s fall docket

In a fall session packed with cutting edge Charter cases, the Supreme Court will also consider the provocative question of whether law societies — absent express statutory authority — can suspend lawyers who don’t take mandatory continuing professional development (CPD) programs. ... [read more]

Thursday, October 13, 2016 @ 8:00 PM

'Robust' approach to timely trials, says defence lawyer

Defence counsel say the Ontario Court of Appeal has served notice to lower courts that the s. 11(b) Charter right to trial within a reasonable time must be vigorously enforced in the wake of the Supreme Court’s speedy trial blockbuster handed down this summer. ... [read more]

Thursday, October 13, 2016 @ 8:00 PM

Tax provisions can't trump legal privilege

The Supreme Court of Canada has clipped the wings of the Canada Revenue Agency in its efforts to curtail solicitor-client or legal privilege for financial records. ... [read more]

Thursday, October 06, 2016 @ 8:00 PM

Lawyers: SCC should rule on top court post

The unresolved legal debate over whether scrapping the convention of regional representation in Supreme Court of Canada appointments is unconstitutional merits a reference to the Supreme Court by government, lawyers say. ... [read more]

Thursday, September 29, 2016 @ 8:00 PM

Cromwell worries judicial gaffes won’t be cured through education

Former Supreme Court Justice Thomas Cromwell says he’s not convinced that mandatory judicial education can prevent the blunders that get some judges into trouble in sexual assault trials. ... [read more]

Thursday, September 29, 2016 @ 8:00 PM

Strict review of standard texts is SCC’s direction

The Supreme Court’s edict that appellate courts must strictly review lower courts’ interpretations of standard form contracts will expand the scope of appellate scrutiny of contracts in many industries, counsel say. ... [read more]

Thursday, September 01, 2016 @ 8:00 PM

Quebec jurists are eligible for Cromwell spot

Federal Court and Federal Court of Appeal judges from Quebec, including Justice Marc Nadon, are eligible to succeed Supreme Court Justice Thomas Cromwell of Atlantic Canada, as well as to fill the other common law spots not reserved for Quebec on the top court, the federal Department of Justice has confirmed to The Lawyers Weekly. ... [read more]