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Supreme Court of Canada

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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]

Thursday, October 19, 2017 @ 12:57 PM - Last Updated: Thursday, October 19, 2017 @ 5:10 PM

SCC says conditional sentences are not terms of ‘imprisonment’ leading to immigration deportation Aris Daghighian

In a judgment welcomed by immigration lawyers, but called “disappointing” on the administrative law front, the Supreme Court has ruled that permanent residents sentenced in Canada to conditional sentences cannot be deported for “serious criminality” under s. 36(1)(a) the Immigration and Refugee Protection Act (IRPA). ... [read more]

Friday, October 13, 2017 @ 1:40 PM - Last Updated: Friday, October 13, 2017 @ 5:17 PM

SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period Wagner

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent. ... [read more]

Friday, October 13, 2017 @ 12:55 PM

ACTIONS AGAINST MUNICIPALITY - Bringing action - Limitation period

Appeal by the City of Montréal (City) from a judgment of the Quebec Court of Appeal setting aside a decision concluding that the action filed by the Dorvals and Bien-Aimée against the City of was prescribed. ... [read more]

Thursday, October 12, 2017 @ 3:08 PM

SCC to hear novel case on lawyers’ liability for client referrals that go bad Doug Mitchell

The Supreme Court of Canada has announced it will address for the first time the legal jeopardy and financial liability faced by lawyers when their referrals of clients to other service providers turn sour. ... [read more]

Thursday, October 12, 2017 @ 1:30 PM

Ryerson honours former Supreme Court Justice Iacobucci

Justice Frank Iacobucci, the Puisne Justice on the Supreme Court of Canada from 1991 to 2004, has a new honorary doctor of laws degree to add to his list of credentials. ... [read more]