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Supreme Court of Canada

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Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 4:31 PM

SCC affirms laws are not a ‘service’ open to challenge at a federal human rights tribunal Clément Gascon

The Supreme Court of Canada has unanimously upheld a human rights tribunal’s dismissal of complaints against the refusal to register certain people as “Indians” because their direct attack on the legislated eligibility requirements for registered Indian status does not amount to a complaint about the discriminatory provision of a “service” under s. 5 of the Canadian Human Rights Act (CHRA). ... [read more]

Thursday, June 14, 2018 @ 1:52 PM

APPEALS AND JUDICIAL REVIEW - Standard of review - Reasonableness

Appeal from a judgment of the Federal Court of Appeal affirming a decision of the Canadian Human Rights Tribunal (Tribunal) dismissing complaints based on the Canadian Human Rights Act (CHRA). ... [read more]

Wednesday, June 13, 2018 @ 3:14 PM

SCC rules prison service must take all reasonable steps to ensure parole tools valid for Indigenous offenders Justice Richard Wagner

The Supreme Court of Canada has declared 7-2 that the Correctional Service of Canada (CSC) is breaching its statutory obligations by using psychological tools to assess Indigenous offenders’ suitability for parole — without first taking all reasonable steps to ensure that those tools are valid — and not culturally biased — vis-a-vis Indigenous inmates. ... [read more]

Wednesday, June 13, 2018 @ 1:48 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Aboriginal rights - Remedies for denial of rights

Ewert appealed from a judgment of the Federal Court of Appeal setting aside a decision finding Correctional Service of Canada (CSC) had breached its obligation under s. 24(1) of the Corrections and Conditional Release Act (CCRA) and had infringed Ewert’s rights under s. 7 of the Charter. ... [read more]

Friday, June 08, 2018 @ 12:59 PM

FAULT - Apportionment of liability - Solidarity

Appeal by the Ville de Montréal (City) from a judgment of the Quebec Court of Appeal affirming a decision finding that Lonardi and the other respondents were not solidarily liable for the damage caused to its vehicles. ... [read more]

Friday, June 08, 2018 @ 12:49 PM - Last Updated: Friday, June 08, 2018 @ 2:40 PM

Supreme Court declines to hold rioters solidarily liable for damaging police cars Nataly_Gauvin_and_Mélany_Renaud

The Supreme Court has shed light on when solidary liability attaches to wrongful acts under the Civil Code of Québec (CCQ) in a decision which holds 6-1 that rioters who contributed to damaging municipal police cars during a 2008 Montreal hockey riot can only be held liable for the specific damage each caused to a given car, and not for the total damages caused by all the rioters in respect of that car. ... [read more]

Thursday, June 07, 2018 @ 6:55 AM

SCC fractures over forum non conveniens in multijurisdictional Internet libel case Paul Schabas

The Supreme Court of Canada has splintered over the private international law principles applicable to the issues of jurisdiction, forum non conveniens and choice of law in the context of a multijurisdictional Internet libel case — with most of its judges declining to substantially reform the usual rules Canadian courts apply in deciding whether to assume and exercise jurisdiction in cross-border legal disputes. ... [read more]

Wednesday, June 06, 2018 @ 3:25 PM

JURISIDICTION - Determination of - Forum conveniens - Procedure for determining

Appeal by Haaretz.com from a judgment of the Ontario Court of Appeal affirming a decision of the Ontario Superior Court of Justice finding it had jurisdiction to hear Goldhar’s defamation action. ... [read more]

Friday, June 01, 2018 @ 12:49 PM

REGULATION OF PROFESSION - Law societies and governing bodies - Disciplinary procedure - What constitutes misconduct

Appeal by Groia from a judgment of the Ontario Court of Appeal affirming a decision of the Divisional Court, which affirmed a decision of the Law Society Appeal Panel (Appeal Panel) affirming in part a decision of the Law Society Hearing Panel (Hearing Panel). ... [read more]