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Supreme Court of Canada

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Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 12:06 PM

Interveners in SCC Uber appeal offer minimal intervention solutions | Barry Leon

On Nov. 6 when the Supreme Court of Canada hears the appeal in Uber v. Heller 2019 ONCA 1, some 18 interveners will be on hand to assist the court. ... [read more]

Thursday, October 31, 2019 @ 6:06 PM

ABSENTEES - Absence and disappearance

Appeal by the liquidator of Roseme’s estate from a decision of the Quebec Court of Appeal, affirming the trial decision which ordered restitution of pension payments made by Roseme’s former employer, Carleton University (Carleton). ... [read more]

Thursday, October 31, 2019 @ 5:00 PM - Last Updated: Friday, November 01, 2019 @ 10:42 AM

SCC rules on civil law’s ‘presumption of life’ that applies for first 7 years person is missing Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 6-3 that a Quebec woman who inherited from her late ex-spouse must repay nearly half-a-million dollars in pension benefits his estate received while he was missing and presumed alive before his remains were found. The Oct. 31 majority decision co-authored by Chief Justice Richard Wagner and Justice Clément Gascon dismisses Lynne Threlfall’s appeal: Threlfall v. Carleton University 2019 SCC 50. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Tuesday, October 29, 2019 @ 10:55 AM - Last Updated: Tuesday, October 29, 2019 @ 4:13 PM

Lawyers praise Gascon’s contributions to SCC and Canadian civil and common law Doug_Mitchell

Departing Supreme Court of Canada Justice Clément Gascon is described by court watchers as a “rigorous,” “fair-minded” and “supremely diligent” judge whose opinions developed both the civil and common law during his five years at the highest court. ... [read more]

Friday, October 25, 2019 @ 5:16 PM

SCC refuses to stay Quebec divorce action in case involving competing divorce claims in Belgium

In a Quebec divorce case involving a wealthy couple with competing matrimonial property claims in Quebec and Belgium, the Supreme Court of Canada has 6-1 refused to stop the Quebec court from proceeding with the case, in a judgment which provides guidance on the scope and application of the international lis pendens exception under Quebec’s private international law (PIL). ... [read more]

Friday, October 25, 2019 @ 1:01 PM

CONFLICT OF JURISDICTIONS - Lis pendens - Stay of proceedings

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision that the wife’s divorce proceedings in Quebec should not be stayed. ... [read more]

Thursday, October 24, 2019 @ 11:51 AM

More legal cross-fertilization at Supreme Court of Canada | Lawrence David

The Supreme Court of Canada’s newest justice, Hon. Nicholas Kasirer, gets it. As dean of McGill University’s Faculty of Law, Kasirer stood at the apex of Canadian legal academia’s marriage of our country’s two main legal traditions: the Anglo-Canadian common law and Quebec’s unique civil law lineage. ... [read more]

Wednesday, October 23, 2019 @ 11:27 AM

Using Pierringer agreements in class proceedings three_puzzle_sm

Pierringer settlement agreements have been increasingly utilized in Canada. ... [read more]