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Supreme Court of Canada

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Friday, October 09, 2020 @ 5:02 PM

SCC finds compensation for employers’ failure to give reasonable notice includes incentive bonus Nicholas_Kasirer_sm

The Supreme Court of Canada has reinstated a $1-million award to a former chemist forced out of his job at a Nova Scotia nutrition company, finding the company failed to give him reasonable notice of constructive dismissal and thus deprived him of a bonus he would have received had proper notice been given. ... [read more]

Friday, October 09, 2020 @ 1:43 PM

CONTRACT OF EMPLOYMENT - Breach - Remedies - Express terms - Remuneration - Bonuses

Appeal by the plaintiff employee, Matthews, from a judgment of the Nova Scotia Court of Appeal that varied the trial judgment which had found that he was constructively dismissed and entitled to pay in lieu of a 15-month notice period, plus damages equivalent to what he would have received under the respondent’s long-term incentive plan (LTIP). ... [read more]

Friday, October 09, 2020 @ 9:22 AM

Constitution does not protect Indigenous hunting rights for non-residents, Supreme Court hears Mark Underhill, Arvay Finlay LLP

The Supreme Court is weighing a case which will decide whether an Indigenous man resident in the United States has constitutionally protected hunting rights in Canada, which he argued was part of the traditional territory of his ancestors. Richard Lee Desautel is a member of the Lakes Tribe of the Colville Confederated Tribes (CCT) in Washington state, an American citizen who has never lived in British Columbia. ... [read more]

Monday, October 05, 2020 @ 10:51 AM

Supreme Court of Canada on jurisdiction to award retroactive child support Pocket watch on money

On Sept.18, the Supreme Court of Canada released reasons for the case Michel v. Graydon 2020 SCC 24 (Graydon). In brief: with Graydon, the highest court has now determined that litigants are not barred from bringing an application for retroactive child support, even where the “child” in question is over the age of majority and/or financially independent. ... [read more]

Friday, October 02, 2020 @ 4:21 PM

Common law anti-deprivation rule has not been extinguished in Canada: Supreme Court Malcolm Rowe

The Supreme Court has upheld an Alberta Court of Appeal decision on the enforcement of a bankruptcy clause in a commercial contract, finding a common law anti-deprivation rule still exists in Canada which renders void any contractual provisions that removes value due to creditors in the case of an insolvency. ... [read more]

Friday, October 02, 2020 @ 1:23 PM

CREDITORS AND CLAIMS - Creditors - Claims - Provable claims - Validity

Appeal by Chandos Construction from a decision of the Court of Appeal of Alberta that found a provision in its construction contract with Capital Steel was invalid. The appellant, a general construction contractor, entered into a construction subcontract with Capital Steel. ... [read more]

Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]

Wednesday, September 23, 2020 @ 1:31 PM

Access to Justice: Gladue reports: We all have role to play | Michelle O’Bonsawin

This column has allowed me to share my perspective on A2J for the past year. It is now time to widen that perspective and so I have decided to invite guest writers — dedicated and innovative A2J actors — to share the column with me from time to time. I am extremely pleased to introduce our first guest, Madam Justice Michelle O'Bonsawin. — Beverley McLachlin ... [read more]

Tuesday, September 22, 2020 @ 11:57 AM

Intervener groups say federal carbon tax constitutional as Supreme Court begins hearings Amir Attaran

As the fight over the constitutionality of the centrepiece of the Trudeau government’s climate legislation heads to the Supreme Court, intervener groups are saying the law is not only legally sound but essential to face the pressures caused by climate change. ... [read more]

Friday, September 18, 2020 @ 5:40 PM

Supreme Court tackles retroactive child support, rules B.C. can change past support orders Russell_Brown_sm

The Supreme Court of Canada has brought some clarity to retroactive child support, ruling in a case out of British Columbia that, unlike federal divorce legislation, there is no jurisdictional bar under the province’s Family Law Act stopping a parent from applying for unpaid back support — even if the child has since become an adult or the support order has expired. ... [read more]