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Supreme Court of Canada

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Monday, December 03, 2018 @ 10:45 AM

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’ Robert Danay

Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members. ... [read more]

Friday, November 30, 2018 @ 6:01 PM - Last Updated: Monday, December 03, 2018 @ 3:03 PM

SCC tweaks rules for requiring journalistic materials to be produced to police in aid of criminal investigations Michael Moldaver

The Supreme Court has split 5-4 to reject journalists’ pleas to make it harder for courts to order media to produce their private journalistic material to police in aid of criminal investigations — including refusing to require that production orders must be a last resort to be used against media only when alternative sources for the information are not available. ... [read more]

Friday, November 30, 2018 @ 1:42 PM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity

Appeal by Vice Media Canada Inc. (Vice) from a judgment of the Ontario Court of Appeal affirming in part a decision which dismissed its applications to quash, vary or revoke a production order and allowed in part an application to set aside a sealing order. ... [read more]

Friday, November 23, 2018 @ 1:31 PM

TRUSTS - Constructive trusts - Judicial recognition of constructive trust - Unjust enrichment

Appeal from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the proceeds of an insurance policy were payable to Michelle Constance Moore. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]

Tuesday, November 20, 2018 @ 2:24 PM

Federal Court clarifies refugee appeal tribunal’s power Cheryl Robinson

In a consequential decision that could preview a ruling from the Supreme Court of Canada on an administrative law case coming before it in December, the Federal Court recently held that the Immigration and Refugee Board (IRB) of Canada’s appeal division is taking the wrong approach to review certain determinations made by the lower tribunal, the Refugee Protection Division (RPD). ... [read more]

Friday, November 16, 2018 @ 12:55 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Official languages of Canada - Remedies for denial of rights

Appeal by Mazraani from a judgment of the Federal Court of Appeal quashing a decision of the Tax Court of Canada (TTC). ... [read more]

Friday, November 16, 2018 @ 11:36 AM - Last Updated: Friday, November 16, 2018 @ 4:05 PM

SCC underscores federal courts’ obligation to vindicate official language rights at hearings Suzanne Cote

Violations of language rights in court will usually require a new hearing, even if the fairness of the hearing wasn’t affected, the Supreme Court of Canada directs in a far-reaching 9-0 judgment that underscores the obligation of Canada’s federal courts to vindicate language rights, including by providing timely and effective interpretation services to litigants, witnesses and counsel at hearings. ... [read more]

Tuesday, November 13, 2018 @ 11:45 AM

Miller Thomson hires former Supreme Court legal officer as partner

Miller Thomson announced that Gib van Ert, former executive legal officer for the Supreme Court of Canada, has joined the firm as a partner in the litigation group, practising civil and public law litigation from offices in British Columbia and Ontario. ... [read more]

Friday, November 09, 2018 @ 1:42 PM

LEGISLATION - Jurisdiction - Constitutional issues - Federal v. provincial jurisdiction

Appeals by the Attorney General of Canada, Attorney General of British Columbia and Attorney General of Quebec from a judgment of the Quebec Court of Appeal in the matter of a reference concerning the constitutionality of the implementation of pan Canadian securities regulation. ... [read more]