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Supreme Court of Canada

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Monday, October 17, 2022 @ 9:17 AM

Certification defeated by plaintiff’s failure to meet residency requirement You are here button

An application to certify a class action may be struck if a claimant fails to prove standing as a British Columbia resident under section 2(1) of the Class Proceedings Act, RSBC 1996, c. 50 (CPA). The British Columbia Supreme Court in MM Fund v. Excelsior Mining Corp., 2022 BCSC 1541, recently struck a certification application on this basis, emphasizing the importance of the residency requirement. ... [read more]

Friday, October 14, 2022 @ 1:57 PM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused - Voluntariness

Appeal by the Crown from a decision of the Alberta Court of Appeal that overturned Tessier’s conviction for first degree murder and ordered a new trial. Tessier was brought in for questioning by the police after his friend was found dead in a ditch by a rural road. The police did not caution Tessier that he had the right to remain silent or that his statements could be used in evidence and did not inform him of his rights to counsel. ... [read more]

Wednesday, October 12, 2022 @ 2:12 PM

Bachand new executive legal officer, ‘chief of staff’ to SCC Chief Justice Wagner Stephanie Bachand

Chief Justice of Canada Richard Wagner has hired Stéphanie Bachand as the Supreme Court of Canada’s executive legal officer (ELO) and “chief of staff,” succeeding Renée Thériault, who was named on Oct. 11 to Quebec Superior Court after a successful four-year stint as the principal adviser to Canada’s top judge. ... [read more]

Wednesday, October 12, 2022 @ 1:30 PM

Judgments on judgments: The last word? Scales of justice at end of road

The Ontario Court of Appeal appears to have closed the door recognizing and enforcing ricochet judgments pursuant to the common law in its recent decision in H.M.B. Holdings Limited v. Antigua and Barbuda, 2022 ONCA 630. ... [read more]

Wednesday, October 12, 2022 @ 12:32 PM

Decision underscores inmate adage: ‘When you get tough on crime, crime gets tough on you’ Breaking free

It may be politically popular to get tough on crime. It is also very costly. The Parliamentary Budget Office using Correctional Service of Canada data found that the three-year minimum sentence for firearms offences that came into effect in 2006 has resulted in 1,200 more years people convicted served than they would have previously. ... [read more]

Wednesday, October 12, 2022 @ 11:12 AM

SCC’s fall session features weighty immigration, tort, family and tax appeals Supreme Court in Quebec

Is Canada’s “safe third-country agreement” with the United States constitutional? How are courts to apply anti-SLAPP legislation in defamation cases? Are owners of construction projects, who contract out to third-party contractors, liable for occupational health and safety violations on their construction sites? ... [read more]

Tuesday, October 11, 2022 @ 10:58 AM

Child porn case raises s. 11(b) questions calendar

Few sections of the Canadian Charter of Rights and Freedoms have given our courts more problems than having to interpret how we comply with s. 11(b), the right to be tried in a reasonable time. ... [read more]

Friday, October 07, 2022 @ 2:30 PM

EVIDENCE - Admissibility - Prejudicial evidence - Probative value - Hearsay rule - Exceptions - Admissions

Appeal by the Crown from a judgment of the British Columbia Court of Appeal that overturned the accused’s conviction for second degree murder and ordered a new trial. The victim’s body was found by police in a hidden suitcase following a tip from the accused’s brother, who had been informed of the location by the accused. At trial, the Crown sought to adduce hearsay evidence from the brother, who overheard the accused speaking on the phone with his wife. ... [read more]

Friday, October 07, 2022 @ 1:22 PM

Short-term employees and the COVID bump | Stuart Rudner

In my mediation practice, many of the wrongful dismissal claims that I am seeing include a claim for a “COVID bump,” which is reminiscent of the “Wallace bump” we used to reference before the Supreme Court of Canada fixed things in Honda v. Keays, 2008 SCC 39 — but I digress. The theory is simple: if common law notice periods are intended to reflect the length of time it will take to find new work, then a global pandemic which dramatically affects the economy should be taken into account. The question, however, is how it should impact notice periods. ... [read more]

Thursday, October 06, 2022 @ 12:24 PM

What would retired justice Moldaver say? Cuffs

Retired Supreme Court Justice Michael Moldaver would not be impressed. The judge who most shaped Canadian criminal law over the past 11 years told The Lawyer’s Daily in an exclusive interview that he remains troubled that accused who are “clearly guilty” of serious crimes sometimes get acquitted, because courts throw out crucial evidence tainted by state illegality that many Canadians would not see as justifying such a drastic remedy. ... [read more]