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Supreme Court of Canada

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Friday, February 28, 2020 @ 5:11 PM

SCC opens door to foreigners suing here for Canadian companies’ human rights violations abroad Joe Fiorante

In a public international law decision that breaks new ground nationally and internationally, a divided Supreme Court of Canada has ruled that three Eritreans who claim they were abused and forced to work at a Canadian-owned mine in Eritrea can proceed with their damages suit in B.C. Supreme Court for alleged human rights violations that breached the norms of customary international law. ... [read more]

Friday, February 28, 2020 @ 8:55 AM

Waiving of solicitor-client privilege triggered by client conduct, says lawyer in N.S. lawsuit Bruce_Outhouse_sm

Lawyers must be able to defend themselves against allegations made by clients, says counsel for a former Nova Scotia Crown back on track to sue provincial government leaders for publicly disavowing a controversial “sovereignty” argument he used against an Indigenous group.     ... [read more]

Thursday, February 27, 2020 @ 3:01 PM

All eyes turn to Supreme Court after Alberta carbon tax ruling, legal scholar says Eric Adams, University of Alberta

The Alberta Court of Appeal has ruled the Trudeau government’s carbon pricing scheme to be an unconstitutional intrusion onto provincial powers, a decision that runs contrary to findings in other courts and one a legal scholar says the Supreme Court will have to grapple with due to the new issues it raises. ... [read more]

Friday, February 21, 2020 @ 4:42 PM - Last Updated: Monday, February 24, 2020 @ 8:38 AM

SCC affirms First Nations can sue in Quebec for alleged harms to lands straddling N.L., Quebec Richard Wagner

In a groundbreaking private international law judgment concerning the adjudication of constitutionally protected s. 35 Aboriginal rights, the Supreme Court of Canada has affirmed that the Quebec Superior Court does have jurisdiction to decide all the claims brought against two Montreal-based mining companies for alleged harms committed in the traditional territories of two Innu First Nations — even though some of the Innu’s claims relate to land in Newfoundland and Labrador. ... [read more]

Friday, February 21, 2020 @ 4:13 PM

CONFLICT OF JURISDICTIONS - Real or mixed actions

Appeal from a judgment of the Quebec Court of Appeal dismissing the appeal by the Attorney General of Newfoundland and Labrador (“AG NL”) of the dismissal of its motion to strike the claim filed by two Innu First Nations (“Innu”) seeking an injunction and damages against the defendants in relation to an open-pit mine located on lands over which they asserted a right of exclusive use and occupation. ... [read more]

Thursday, February 20, 2020 @ 12:23 PM

Top judge urges bar to vigilantly defend judicial independence

Supreme Court of Canada Chief Justice Richard Wagner is warning the bar and all Canadians to be vigilant to preserve the judiciary’s independence. In his first address to the Canadian Bar Association’s annual meeting, the top judge stressed that judicial independence exists not for the benefit of individual judges, but to preserve the public’s confidence that judges decide cases independently and impartially, and without regard to the political ideology of the government that appointed them. ... [read more]

Friday, February 14, 2020 @ 8:15 AM

Top 10 business decisions of 2019: From orphan wells to Vavilov trilogy top_ten_sm

As the second in our two-part series listing the Top 10 business decisions of 2019, here are the five cases that lead the class, in ascending order. ... [read more]

Wednesday, February 05, 2020 @ 9:06 AM

Top 10 business decisions of 2019: From bankruptcy to beer top_ten_sm

To kick off the new year right, here is a listing of the Top 10 business decisions in Canada for 2019. The listing will be in the form of a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Friday, January 31, 2020 @ 8:38 AM

Quebec decision: Arbitral awards are judgments arbitration_icon_sm

In Société générale de Banque au Liban SAL v. Itani 2019 QCCS 5266, Justice Dominique Poulin held that Quebec’s 10-year prescription period applied to applications to recognize and enforce arbitration awards made outside of Quebec. ... [read more]

Thursday, January 30, 2020 @ 8:34 AM

Overincarceration of Indigenous peoples nothing short of genocide | Pamela Palmater

Canada’s colonial objectives have always been to clear the lands for settlement and development by whatever means necessary. ... [read more]