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Supreme Court of Canada

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Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Friday, February 01, 2019 @ 3:49 PM - Last Updated: Friday, February 01, 2019 @ 5:17 PM

Top court splits over post-offence conduct in restoring murder conviction of N.S. man who hid, burned body Michael Moldaver

The Supreme Court has split 3-2 to restore the second-degree murder conviction of a Nova Scotia man who admitted to hiding and disposing of his dead partner’s body, but claimed he did so in a panic after she accidentally fell down the stairs while she was attacking him. ... [read more]

Friday, February 01, 2019 @ 1:49 PM

EVIDENCE - Methods of proof - Inferences - From conduct

Appeal by the Crown from a judgment of the Nova Scotia Court of Appeal setting aside the accused’s conviction for second degree murder and ordering a new trial. ... [read more]

Thursday, January 31, 2019 @ 5:18 PM

SCC rules bankrupt oil firm’s assets must meet provincial cleanup obligations ahead of paying secured creditors  Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 5-2 that the trustee of a bankrupt Alberta oil and gas company must first use the money in the bankrupt’s estate to satisfy provincial requirements to remediate the company’s disowned non-producing oil and gas assets, ahead of making payments to the company’s creditors in line with the federal Bankruptcy and Insolvency Act (BIA). ... [read more]

Thursday, January 31, 2019 @ 1:56 PM

PROCEEDINGS - Constitutional issues - Federal v. provincial jurisdiction

Appeal by Orphan Well Association and the Alberta Energy Regulator (Regulator) from a judgment of the Alberta Court of Appeal affirming a decision that found an operational conflict between s. 14.06 of the Bankruptcy and Insolvency Act (BIA) and the Alberta legislation. ... [read more]

Friday, January 25, 2019 @ 4:19 PM - Last Updated: Friday, January 25, 2019 @ 4:58 PM

Supreme Court rules ‘Henson’ trust does not limit disabled beneficiary’s access to social assistance Michael_Feder

In a positive decision for persons with disabilities, the Supreme Court of Canada has pronounced for the first time on the discretionary “Henson trusts” long used to set aside money or property for the benefit of persons with disabilities in a way that doesn’t jeopardize the trust beneficiaries’ eligibility for means-tested social assistance. ... [read more]

Friday, January 25, 2019 @ 2:34 PM

RESIDENTIAL TENANCIES - Tenancy agreement - Rent - Amount of rent

Appeal by S.A. from a judgment of the British Columbia Court of Appeal amending a decision denying the order sought by Appellant directing the Metro Vancouver Housing Corporation (MHVC) to refund the difference between the market rent and the subsidized rent of her apartment. ... [read more]

Thursday, January 24, 2019 @ 10:20 AM

SCC to look at constitutionality of genetic discrimination ban nixed by ex-AG Canada but supported by new AG David Lametti

Canada’s new Attorney General David Lametti voted to create a federal ban on genetic discrimination two years ago that the then-Attorney General, Jody Wilson-Raybould, vigorously argued — and the Quebec Court of Appeal later agreed — is not a constitutionally valid exercise of Ottawa’s criminal law power. ... [read more]

Tuesday, January 15, 2019 @ 10:42 AM

Top court rejects Ottawa’s bid to stay Charter ruling that guts military justice system Bruce_MacGregor

The Supreme Court of Canada has rejected the federal government’s motion to temporarily stay a Charter ruling which has gutted the military justice system. ... [read more]

Monday, January 14, 2019 @ 9:37 AM

A victory for democracy, and common sense | Heather MacIvor

On Jan. 11, 2019, the Supreme Court of Canada finally issued its ruling in Frank v. Canada (Attorney General) 2019 SCC 1. Gillian Frank and Jamie Duong, both Canadians living and working in the United States, argued that the statutory ban on voting by long-term expatriates violated the Charter. A 5-2 majority agreed, overturning a 2015 decision by the Ontario Court of Appeal. ... [read more]