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Supreme Court of Canada

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Friday, December 15, 2017 @ 5:35 PM

Retired chief justice says Quebec secession ‘one of most challenging’ cases of career

The Constitution guarantees judicial independence, but the strongest guarantee lies in the ongoing support of Canadians, Beverley McLachlin says. At her last Parliament Hill news conference Dec. 15, the Supreme Court’s newly retired chief justice was asked what safeguards Canada can put in place to avoid the fate of countries where the independence of the judiciary and the rule of law are being threatened or assailed. ... [read more]

Friday, December 15, 2017 @ 12:56 PM

DISCRIMINATION - Context - Workplace discrimination

Appeal by the British Columbia Human Rights Tribunal (Tribunal) from a judgment of the British Columbia Court of Appeal setting aside the judgment that affirmed a decision of the Tribunal concluding that it had jurisdiction to deal with Sheikhzadeh-Mashgoul’s complaint. ... [read more]

Friday, December 15, 2017 @ 6:46 AM

Tributes roll in for Chief Justice McLachlin’s remarkable career as judge, leader and role model Group small

Supreme Court of Canada Chief Justice Beverley McLachlin was feeling the love, and no wonder. ... [read more]

Thursday, December 14, 2017 @ 4:25 PM

SCC clarifies proprietary estoppel in novel B.C. estates dispute Benjamin Arkin

The Supreme Court has liberalized the test for — and expanded the scope of — proprietary estoppel in a B.C. estates case involving a bitter dispute between two brothers and their older sister. ... [read more]

Thursday, December 14, 2017 @ 2:47 PM

INTERESTS IN LAND - Proprietary estoppel claims

Appeal by Cowper-Smith from a judgment of the British Columbia Court of Appeal which overturned the trial judge’s conclusion that he was entitled to purchase his sister’s interest in their mother’s house on the basis of proprietary estoppel. ... [read more]

Wednesday, December 13, 2017 @ 7:03 AM

Good advocacy ‘exceptionally’ important to Supreme Court’s incoming judge Martin Sheilah Martin and Anthony Housefather

Litigators take note: the Supreme Court of Canada’s latest nominee says she sets great store by incisive legal advocacy that helps her to do her job. ... [read more]

Tuesday, December 12, 2017 @ 10:48 AM - Last Updated: Tuesday, December 12, 2017 @ 12:33 PM

PM respects tradition of alternating top judges between Quebec and rest of Canada, names Wagner the SCC’s new chief justice Beverley McLachlin and Richard Wagner

Prime Minister Justin Trudeau has named Justice Richard Wagner — the top court’s senior Quebec puisne judge — as the 18th chief justice of Canada, succeeding Beverley McLachlin on Dec. 18. ... [read more]

Friday, December 08, 2017 @ 4:53 PM

SCC rules Charter s. 8 protects privacy of some text messages Gerald Chan

A split Supreme Court has ruled that a sender’s texts are sometimes entitled to Charter privacy protection, depending on “the totality of the circumstances.” Moreover, police need only obtain production orders — not electronic surveillance warrants — to seize stored “electronic conversations” pursuant to the Criminal Code, the majority held. ... [read more]

Friday, December 08, 2017 @ 2:33 PM

CONSTITUTIONAL ISSUES - Practice and procedure - Parties - Standing

Appeal from a judgment of the Ontario Court of Appeal affirming Jones’ convictions for firearms and drug trafficking offences and the pre-trial application ruling. Jones’ convictions rested on records of text messages seized from a Telus account associated with Waldron, his co-accused, pursuant to a production order obtained under s. 487.012 (now s. 487.014) of the Criminal Code (Code). ... [read more]

Friday, December 08, 2017 @ 2:13 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by Marakah from an Ontario Court of Appeal judgment affirming his convictions for firearms offences and upholding a pre-trial application ruling in the Crown’s favour. ... [read more]