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Supreme Court of Canada

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Friday, September 18, 2020 @ 8:12 AM

Supreme Court’s early start to fall session will clear backlog, could bring landmark rulings SCC Fall Session

In what will be an early start to its fall session, the Supreme Court of Canada is set to tackle highly anticipated appeals involving provincial challenges to the federal carbon tax, a newspaper reporter’s fight to unseal estate details of a murdered billionaire couple and a dispute over the ending of peremptory challenges in jury selections. ... [read more]

Monday, September 14, 2020 @ 4:31 PM

Legal bodies call for greater diversity on federal courts Anthony Navaneelan

Three dozen legal associations and advocacy groups have sent a letter to Canada’s attorney general calling for current judicial vacancies at the Federal Court to be filled with judges of colour as a way of increasing racial diversity on the bench. ... [read more]

Thursday, September 10, 2020 @ 7:16 PM

Supreme Court twice weighs in on Ontario anti-SLAPP legislation Suzanne_Cote_sm

Canada’s highest court has for the first time zeroed in on Ontario’s anti-SLAPP laws via two rulings, finding in one that a developer’s lawsuit aimed at statements by a residents’ association was a SLAPP and went against the public’s interest in hearing the group’s environmental concerns, while deciding in another the advancement of a doctor’s defamation case is of greater public interest than the defendant’s right to expression. ... [read more]

Thursday, September 10, 2020 @ 3:52 PM

DISPOSITION WITHOUT TRIAL - Lack of jurisdiction

Appeal by 1704604 Ontario Limited (170 Ontario) from a decision of the Ontario Court of Appeal. 170 Ontario wanted to develop a subdivision in Sault Ste. Marie. In order to do so, it was necessary for 170 Ontario to obtain the approval of both the Sault Ste. Marie Region Conservation Authority (SSMRCA) and the Sault Ste. Marie City Council (City Council). ... [read more]

Thursday, September 10, 2020 @ 1:09 PM

DEFAMATION - Defamatory statements - Professional misconduct - Defences - Justification or truth - Qualified privilege

Appeals by Bent and Lerners LLP from a Court of Appeal decision that dismissed Bent’s motion under s. 137.1 of the Courts of Justice Act to dismiss the respondent’s defamation action. ... [read more]

Friday, September 04, 2020 @ 9:29 AM

Senator considers seeking Supreme Court clarity on parliamentary privilege, rule of law

Independent Sen. Mike Duffy’s final hope for clarity on whether parliamentary privilege trumps his quest to seek court-ordered damages against the Senate could rest with the Supreme Court of Canada. ... [read more]

Friday, August 28, 2020 @ 3:35 PM - Last Updated: Sunday, August 30, 2020 @ 10:59 AM

Supreme Court to start early with in-person hearings, reinstate civil deadlines

The Supreme Court of Canada will resume in-person hearings as part of an early start to its fall session and is lifting its suspension of filing deadlines for civil proceedings. According to an Aug. 27 news release, the early start, set to begin Sept. 22, is to hear cases that were sidelined due to the pandemic. ... [read more]

Tuesday, August 25, 2020 @ 10:37 AM

SCC decision: Backdoor escape from financially onerous family law mediation/arbitration? Hands opening wallet

Many participants in family law mediation/arbitration come to bitterly regret entering into this form of alternative dispute resolution process and desperately seek a way back into the judicial system. ... [read more]

Tuesday, August 18, 2020 @ 2:37 PM

The chimp, the bee, the SCC | Barry Bussey

Social psychologist Jonathan Haidt argues that human beings are both individual and social. We live the majority of our lives in the daily realm of the profane — what he calls our “chimp” nature — but, through the collective, we also experience a higher, sacred reality, which he describes as the “bee” domain. And, just as a bee cannot be studied in isolation from the hive, we cannot understand religion unless we recognize its communal aspects. I observe that the law appears to understand our chimp nature but has a difficult time with our bee nature. ... [read more]

Wednesday, August 05, 2020 @ 1:51 PM

Federal Court of Appeal decision has put more than $1B in tax revenue at risk, Ottawa says Steve Suarez, Borden Ladner Gervais LLP

The federal government wants the Supreme Court to look at a recent decision which it says “provides a roadmap” for Canadian financial institutions to avoid paying tax, but a legal expert is saying getting before the high court will likely be a steep hill to climb. ... [read more]