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Supreme Court of Canada

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Tuesday, April 23, 2019 @ 12:31 PM

SCC was more divided than united on cases in 2018; dissents rose, but case intake and output fell SCC Judges

For the first time in decades, in 2018 the Supreme Court of Canada was more divided than united on the outcome of appeals — setting a record low 48 per cent unanimity rate — after two years of growing division among the judges, new court statistics disclose. ... [read more]

Thursday, April 18, 2019 @ 5:11 PM

SCC rules police did not violate Charter s. 8 with warrantless sting aimed at online child predators Russell Brown

The Supreme Court of Canada has ruled 6-1 that an undercover police officer who created a fictitious identity online that purported to be a 14-year-old girl did not need a warrant to surreptitiously record his online communications with a suspected child predator — nor was the latter’s constitutional right to be free from unreasonable search and seizure engaged by this police investigative technique. ... [read more]

Thursday, April 18, 2019 @ 1:29 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by Mills from a judgment of the Newfoundland and Labrador Court of Appeal affirming his conviction for luring a child via the Internet. ... [read more]

Monday, April 15, 2019 @ 4:52 PM

SCC’s Gascon to retire in September, opens door for Liberals to appoint third top court judge Clément Gascon

Prime Minister Justin Trudeau has an unexpected opportunity to appoint his third judge to the Supreme Court of Canada, following the surprise announcement that Justice Clément Gascon will retire in five months, after serving five years on the highest court. In a statement April 15, Supreme Court of Canada Chief Justice Richard Wagner praised his 58-year-old friend and colleague, who retires Sept. 15 for what the court described as “personal and family reasons.” ... [read more]

Friday, April 12, 2019 @ 5:47 PM

SCC clarifies scope of courts’ supervisory jurisdiction over residential schools agreement Suzanne Côté

In a ruling on the scope of courts’ supervisory jurisdiction over class action settlements, the Supreme Court of Canada has 5-2 allowed the appeal of a Manitoba residential school survivor whose sexual abuse claim under the Indian Residential Schools Settlement Agreement (IRSSA) had been dismissed by adjudicators under the Independent Assessment Process (IAP). ... [read more]

Friday, April 12, 2019 @ 1:28 PM

ABORIGINAL STATUS AND RIGHTS - Civil actions and liabilities - Historical grievances - Residential schools

Appeal by JW from a judgment of the Manitoba Court of Appeal setting aside a decision of the Supervising Judge remitting JW’s claim under the Indian Residential Schools Settlement Agreement (Agreement) for re-adjudication. ... [read more]

Friday, April 12, 2019 @ 12:08 PM

Lametti says no need for Trudeau gov’t to probe ‘one-off’ SCC leak; but demand grows for RCMP investigation Exclusive

Justice Minister David Lametti says a damaging leak about the latest Supreme Court of Canada appointment was a “one-off” that did not come from his department or the Prime Minister’s Office (PMO) — nor does it require the Trudeau government to track down the leak’s source(s) or reconsider the adequacy of the confidentiality protections around the Supreme Court appointment process. ... [read more]

Monday, April 08, 2019 @ 5:54 AM

TELUS v. Wellman calls for legislative action | William Horton

Pity the Supreme Court of Canada. In TELUS Communications Inc. v. Wellman, [2019] S.C.J. No. 19, the court was called upon to choose between: Excluding tens of thousands of TELUS’ business customers from any effective remedy by keeping them out of a class action which would decide the exact same claims advanced by customers who are consumers; and stretching the words of s. 7(5) of the Arbitration Act beyond the meaning that the words literally bear. ... [read more]

Thursday, April 04, 2019 @ 5:21 PM - Last Updated: Friday, April 05, 2019 @ 11:22 AM

SCC rules that Ontario business customers bound by arbitration clauses are barred from suing service providers  Michael Moldaver

The Supreme Court of Canada has ruled 5-4 that business customers of TELUS in Ontario can’t piggyback on a $520-million consumer class action for alleged cellphone overbilling because, under Ontario’s Arbitration Act 1991, they are bound by their TELUS service contracts to arbitrate their disputes rather than sue. ... [read more]

Thursday, April 04, 2019 @ 3:25 PM

CIVIL PROCEDURE - Parties - Class or representative actions - Stay of action due to parallel proceeding

Appeal by Telus Communications Inc. (Telus) from a judgment of the Ontario Court of Appeal affirming a decision that refused to stay business customers’ claims in a class action against Telus. ... [read more]