Focus On

Supreme Court of Canada

Latest

Thursday, January 09, 2020 @ 8:26 AM

Vavilov and Bell cases: Arbitration awards at risk? arbitration_loops_sm

On Dec. 19, 2019, the Supreme Court of Canada released its decision in Canada v. Vavilov 2019 SCC 65 (and companion cases, see Bell Canada v. Canada 2019 SCC 66) on the issue of standard of review for administrative law decisions. The legal profession could not have asked for a better holiday present. ... [read more]

Monday, January 06, 2020 @ 2:42 PM

Multiple masters: A modern lawyer’s dilemma | Gary Joseph

The website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]

Friday, December 20, 2019 @ 5:09 PM

SCC divides 7-2 in first post-Vavilov application of the new framework for judicial review Supreme Court Justice Malcolm Rowe

In its first post-Vavilov judicial review decision, the Supreme Court of Canada has divided 7-2 to reinstate as “reasonable” the decision of an appeals officer with the Occupational Health and Safety Tribunal Canada (OHSTC) who determined that Canada Post did not breach its workplace safety obligations by not inspecting for safety its postal carriers’ delivery routes and drop-off locations. ... [read more]

Friday, December 20, 2019 @ 1:19 PM

EMPLOYER OBLIGATIONS - Safety of workplace - Offences and enforcement - Procedure - Appeals

Appeal from a judgment of the Federal Court of Appeal dismissing an application for judicial review of an appeals officer’s decision concluding that Canada Post complied with its work place health and safety obligations. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 2:01 PM

BROADCASTING - Distribution undertakings - Simultaneous substitution - Content - Advertising

Appeals from a judgment of the Federal Court of Appeal that upheld a Final Order of the Canadian Radio-television and Telecommunications Commission (CRTC) holding that the broadcast of the Super Bowl should be exempt from the simultaneous substitution regime as of January 1, 2017 (Final Decision), which meant that Canadians would be free to view the U.S. broadcast that featured American commercials. ... [read more]

Thursday, December 19, 2019 @ 1:23 PM

JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness

Appeal from a judgment of the Federal Court of Appeal setting aside a decision of the Canadian Registrar of Citizenship (Registrar) cancelling Vavilov’s certificate of citizenship. ... [read more]

Friday, December 13, 2019 @ 1:33 PM

GOODS AND SERVICES TAX (GST) - Constitutional validity - Supply - Supply by government and municipalities

Appeal and cross-appeal from a judgment of the British Columbia Court of Appeal affirming a decision that the Excise Tax Act (ETA) did not apply to the British Columbia Investment Management Corporation (BCI) and that BCI was subject to the obligations set out in the intergovernmental agreements. ... [read more]

Friday, December 13, 2019 @ 12:36 PM - Last Updated: Friday, December 13, 2019 @ 1:29 PM

SCC upholds lower court decision on Crown corporation’s immunity from federal tax Andromache KARAKATSANIS sm

The Supreme Court of Canada (SCC) has ruled in a 6-1 decision released Dec. 13, that the British Columbia Investment Management Corporation (BCI or bcIMC), a Crown corporation that manages and invests pensions and other money for several public-sector organizations, is immune from federal tax under the Excise Tax Act (ETA). However, it held that BCI is still bound by provisions in the Reciprocal Taxation Agreement (RTA) and the Comprehensive Integrated Tax Coordination Agreement (CITCA). ... [read more]

Thursday, December 12, 2019 @ 2:20 PM

SCC rules property purchased by trust included in Quebec’s family patrimony Malcolm Rowe sm

The Supreme Court of Canada has ruled 5-2 that a home purchased by trust should be included in the family patrimony under the Civil Code of Quebec (CCQ), which means the property will be equally divided upon dissolution of the marriage. The issue unique to Quebec was brought before the Supreme Court in Yared v. Karam 2019 SCC 62, in a decision released Dec. 12. ... [read more]