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Supreme Court of Canada

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Friday, October 19, 2018 @ 2:29 PM

SCC sheds light on ‘care, custody & control’ exclusion clause in Quebec commercial liability insurance contract Clément Gascon

The Supreme Court of Canada has 9-0 overturned a Quebec Court of Appeal ruling which relied on a standard liability exclusion clause in that province’s insurance contracts to reject a hotel’s insurance claims in respect of two guest cars stolen from the hotel’s “park and fly” parking lot. On Oct. 19, Justice Clément Gascon (Justice Malcolm Rowe concurring) ruled that the Appeal Court shouldn’t have interfered with the decision of the Court of Quebec judge below ... [read more]

Thursday, October 11, 2018 @ 2:10 PM

ABORIGINAL STATUS AND RIGHTS - Duties of the Crown - Fair dealing and reconciliation - Consultation and accommodation

Appeal by Mikisew Cree First Nation (Mikisew) from a judgment of the Federal Court of Appeal setting aside a declaration by the Federal Court. ... [read more]

Thursday, October 11, 2018 @ 10:29 AM - Last Updated: Friday, October 12, 2018 @ 10:23 AM

SCC rules 7-2 there is no Crown duty to consult with First Nations when developing and enacting laws Andromache-KARAKATSANIS

The Supreme Court has determined 7-2 that the Crown’s constitutional duty to consult with Indigenous peoples does not apply when legislators are making laws. ... [read more]

Friday, October 05, 2018 @ 12:28 PM

CROWN - Crown privilege - Parliamentary privilege

Appeal by the President of the National Assembly of Québec (President) from a judgment of the Québec Court of Appeal setting aside a decision of the Superior Court allowing an application for judicial review of an arbitrator’s decision. ... [read more]

Friday, October 05, 2018 @ 11:58 AM - Last Updated: Friday, October 05, 2018 @ 4:25 PM

SCC rules 7-2 that parliamentary privilege does not pre-empt grievances from workers fired by Quebec’s legislature Justice Andromache Karakatsanis

In a far-reaching clarification of the scope of the parliamentary privilege of legislatures across Canada, the Supreme Court has ruled 7-2 that the speaker of Quebec’s National Assembly cannot rely on such privilege to immunize from review by a labour tribunal his decision to fire three security guards for on-the-job misconduct. ... [read more]

Monday, October 01, 2018 @ 9:31 AM

There’s a new sheriff in town and it’s called White Burgess | Patrick Brown

For those advancing and defending personal injury claims, counsel beware. There is a new sheriff in town and it is called White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23. Since the decision came down from the Supreme Court outlining when to exclude expert evidence, there have been a number of decisions knocking out experts and their opinions. ... [read more]

Wednesday, September 26, 2018 @ 2:25 PM

Crowns add their voices to chorus of opposition to key criminal justice reforms proposed in Bill C-75 Ursula Hendel

In a rare show of solidarity, federal, and some provincial, Crowns are joining with defence counsel and law groups to challenge the efficacy of major Criminal Code reforms proposed by Ottawa that prosecutors warn will not fix — and could exacerbate — delays in the nation’s overburdened and backlogged criminal trial courts. ... [read more]

Tuesday, September 25, 2018 @ 1:39 PM

Torrent of claims still an open question Chipcard_sm.jpg

Back in January, I wrote in The Lawyers Daily about “A torrent of claims: Preparing for a new era in copyright.” At the time, it looked like the Supreme Court’s eventual decision in Rogers Communications Inc. v. Voltage Pictures, LLC  would answer the question: Are we going to see explosive growth in mass copyright litigation in Canada? The Supreme Court issued its decision on Sept. 14, but it did not answer that all-important question. ... [read more]

Monday, September 24, 2018 @ 3:17 PM

SCC asked to stay ruling that guts military justice system; military warns sexual assault prosecutions in jeopardy Exclusive

The Canadian Armed Forces (CAF) is asking the Supreme Court of Canada for an immediate stay of a recent bombshell Charter decision that guts the military justice system, and which prosecutors contend jeopardizes dozens of serious criminal prosecutions, including for sexual assault, The Lawyer’s Daily has learned. ... [read more]

Monday, September 17, 2018 @ 9:03 AM

It's up to Indigenous, environmental groups to protect public interest | Pamela Palmater

Despite objections from some of the Indigenous groups about the consultation process, the Federal Court of Appeal (in Tsleil-Waututh Nation et al v. Canada (Attorney General) 2018 FCA 153) held that Canada acted in good faith and that the consultation framework it used was appropriate. ... [read more]