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Supreme Court of Canada

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Monday, July 15, 2019 @ 1:26 PM

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]

Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Tuesday, July 09, 2019 @ 9:26 AM

Halfway through 2019, SCC more divided than ever as nine judges fracture in 82 per cent of cases The Lawyer's Daily exclusive

The Supreme Court of Canada is dividing more on the outcomes and reasons of appeals than ever in recent memory, with a record low 18 per cent unanimity rate so far in 2019, an analysis by The Lawyer’s Daily discloses. As of the Supreme Court’s latest decision on July 5, this year the top court has divided on the results of the cases, and/or on the judges’ reasons (via concurring opinions) in 18 of 22 judgments. ... [read more]

Friday, July 05, 2019 @ 3:35 PM

RECOGNIZANCES AND UNDERTAKINGS - Recognizance to keep the peace or peace bond

Appeal by the Prosecution from a judgment of the Newfoundland and Labrador Court of Appeal setting aside a decision granting the declaratory relief sought by the Prosecution. ... [read more]

Friday, July 05, 2019 @ 3:01 PM - Last Updated: Friday, July 05, 2019 @ 3:51 PM

SCC rules Criminal Code’s bail rules enable courts to compel peace bond defendants to appear Malcolm Rowe

The Supreme Court of Canada has ruled unanimously that the Criminal Code’s bail provisions — and by necessary implication the power to arrest — are applicable, “with necessary modifications,” to defendants facing peace bond applications. ... [read more]

Friday, June 28, 2019 @ 5:40 PM

SCC rules that sexual history with accused not admissible for defence’s bare claim of ‘context’ Andromache Karakatsanis

Stressing that the admission of sexual history evidence must be carefully circumscribed, the Supreme Court of Canada has provided additional guidance on when evidence of a sexual assault complainant’s other sexual interactions, including with the accused, may be admissible under the so-called “rape shield” provisions in s. 276 of the Criminal Code. ... [read more]

Friday, June 28, 2019 @ 1:48 PM

EVIDENCE - Admissibility - For limited purpose - Relevancy - Witnesses - Credibility

Appeal by Goldfinch from a judgment of the Alberta Court of Appeal setting aside his acquittal. ... [read more]

Thursday, June 27, 2019 @ 1:59 PM

ADMINISTRATION AND ENFORCEMENT - Disclosure of information

Appeal from a judgment of the Quebec Court of Appeal affirming a decision that dismissed a motion brought by DGGMC Bitton Trust’s sole trustee, the appellant, to quash a formal demand sent by the Agence du revenu du Québec (ARQ) for information and documents pursuant to s. 39 of the Quebec Tax Administration Act (TAA). ... [read more]

Thursday, June 27, 2019 @ 12:39 PM - Last Updated: Thursday, June 27, 2019 @ 3:49 PM

SCC okays Quebec tax officials’ production demand to Alberta bank branch whose customer is under audit Justice Malcolm Rowe

The Supreme Court of Canada has unanimously upheld the validity of a formal production demand, under Quebec’s tax administration law, for banking records at an Alberta bank branch where there is an account for a customer that is being audited by the Quebec Revenue Agency (QRA) to determine whether the customer owes taxes in Quebec. ... [read more]