Focus On

Supreme Court of Canada

Latest

Wednesday, May 06, 2020 @ 8:54 AM

The applicability of mandatory arbitration clause in consumer contracts consumer_contract_sm

Arbitration by definition is the process by which parties have, by a consensual agreement, submitted a controversy existing between them for resolution by a neutral third party. An agreement between two different parties has as an intrinsic precondition: the fact that both parties need to be in accordance with all the terms that were stipulated. ... [read more]

Thursday, April 30, 2020 @ 1:12 PM

SCC to launch virtual hearings in June; carbon tax challenges moved to special fall session Renée Thériault

The Supreme Court of Canada is launching virtual hearings in June to catch up on some of the 11 cases it postponed in March, April and May due to the COVID-19 pandemic, and it plans to go ahead with hearing provincial challenges to the federal carbon pricing regime at a special session in September. ... [read more]

Friday, April 24, 2020 @ 11:37 AM - Last Updated: Friday, May 01, 2020 @ 11:11 AM

Supreme Court of Canada granted fewer leaves, issued more oral judgments in 2019 Eugene Meehan

The Supreme Court of Canada’s intake of cases remained comparatively low last year, as the number of judgments it rendered from the bench, mostly without written reasons, rose by 25 per cent, the court’s 2019 annual statistics disclose. ... [read more]

Thursday, April 09, 2020 @ 10:47 AM - Last Updated: Thursday, April 09, 2020 @ 3:16 PM

SCC’s Cory remembered as brave and compassionate judge who protected human dignity, fairness Peter deCarteret Cory

Retired Supreme Court Justice Peter deCarteret Cory, a Second World War hero who distinguished himself in the judicial trenches for a quarter century, dodged more than his share of bullets during his decade on the highest court. Three traits which showed up early in his life — bravery, hard work and a penchant for volunteering for tough assignments — contributed to him carrying the ball for the Supreme Court in some of its most controversial and challenging cases. ... [read more]

Tuesday, April 07, 2020 @ 1:04 PM

SCC ruling opens door to attacks on use of sentencing ranges, starting points: defence counsel Daniel Song

Lower courts’ use of starting points for sentences is ripe for challenge at the Supreme Court of Canada, following recent comments from the top court in a landmark case on sentencing of sexual offences committed against children, suggests counsel for the intervener Criminal Trial Lawyers’ Association (CTLA). ... [read more]

Tuesday, April 07, 2020 @ 12:01 PM

Former Supreme Court justice Gascon joins Woods as senior counsel

Woods LLP announced that Clément Gascon, formerly a justice of the Supreme Court of Canada, has joined the Montreal firm as senior counsel. ... [read more]

Thursday, April 02, 2020 @ 5:47 PM - Last Updated: Friday, April 03, 2020 @ 4:45 PM

SCC’s sentencing guidance mandates tougher punishment for sexual crimes against children Justice Malcolm Rowe

The Supreme Court of Canada has instructed lower courts to be tougher when punishing sexual crimes against children, in landmark reasons for judgment that offer extensive and detailed guidance on principles, considerations and factors that sentencing judges are to take into account (and misconceptions and myths that they are to avoid). ... [read more]

Wednesday, April 01, 2020 @ 1:06 PM

Supreme Court ducks child protection, again | Rollie Thompson

On March 19, the Supreme Court of Canada refused leave in an important child protection case from Manitoba: M.B.H. v. Dakota Ojibway Child and Family Services, [2019] S.C.C.A. No. 448. The Manitoba Court of Appeal had ruled that summary judgment was available in child protection cases, rejected the Ontario Court of Appeal approach to summary judgment in child protection and found summary judgment as a procedure did not violate s. 7 of the Charter. ... [read more]

Monday, March 30, 2020 @ 9:27 AM

SCC ruling lays foundation for litigation funding as an access to justice tool Agreement and cellphone

The Supreme Court of Canada’s unanimous decision in a corporate insolvency case is the first time the country’s top court has contemplated third-party litigation funding and it’s anticipated that the judgment will provide much-needed guidance for other areas of law, including personal injury. ... [read more]

Friday, March 27, 2020 @ 5:46 PM

SCC rules momentary excessive speeding on its own can be mens rea for dangerous driving Justice Sheilah Martin

The Supreme Court of Canada has affirmed that brief excessive speeding can amount to dangerous driving, in upholding the conviction of a B.C. man who killed another driver by accelerating to 140 km/h into a major Vancouver intersection. The top court split 4-1 March 27 to maintain the decision of the B.C. Court of Appeal in R. v. Chung 2019 BCCA 206, which overturned Ken Chung’s acquittal at a 2018 judge-alone trial, and substituted a conviction for dangerous driving causing death: R. v. Chung 2020 SCC 8. ... [read more]