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Supreme Court of Canada

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Friday, June 21, 2019 @ 8:46 AM

Chief Justice Wagner says mental illness in legal profession should be talked about openly, not stigmatized Richard Wagner

Canada’s top judge says judges and lawyers with mental illness must be supported by their professional colleagues and not shamed, stigmatized or excluded. ... [read more]

Thursday, June 13, 2019 @ 9:09 AM

Does arbitration trump A2J? Answer coming from SCC food_delivery_sm

On May 23, 2019, the Supreme Court of Canada granted leave to appeal from the landmark decision of the Ontario Court of Appeal in Heller v. Uber Technologies Inc. 2019 ONCA 1. In that case, the Court of Appeal allowed a class action to proceed and refused to give effect to an arbitration clause that would have forced UberEats drivers in Ontario to arbitrate their claims, in the Netherlands, under Dutch law. ... [read more]

Tuesday, June 11, 2019 @ 1:27 PM

Justice Abella to receive inaugural U of T Distinguished Alumni Award

Supreme Court of Canada Justice Rosalie Silberman Abella will receive the University of Toronto’s prestigious Rose Wolfe Distinguished Alumni Award for 2019. ... [read more]

Tuesday, June 11, 2019 @ 11:00 AM

Broad changes coming to directors’ duties: Part one compliance_directors_sm

Significant amendments to the Canada Business Corporations Act (CBCA) proposed in the federal government’s omnibus budget implementation bill would expand upon and codify into statute some of the principles relating to directors’ duties set out in the landmark Supreme Court of Canada decision BCE Inc. v. 1976 Debentureholders 2008 SCC 69. ... [read more]

Friday, June 07, 2019 @ 5:33 PM

SCC greenlights class action in Quebec for alleged historic child sexual abuse Clément Gascon

In an important ruling for Quebec class actions, the Supreme Court of Canada has affirmed that a mass tort action — alleging historic sexual assaults committed against children by members of Catholic entities — can proceed, notwithstanding that some of the alleged abuses date back to the 1940s. ... [read more]

Friday, June 07, 2019 @ 1:40 PM

CLASS ACTION - Authorization - Serious appearance of right - Identical, similar or related questions - Adequate representation of members

Appeals by Province Canadienne de la Congrégation de Sainte Croix (Congregation) and Oratoire Saint Joseph du Mont Royal (Oratory) from a judgment of the Quebec Court of Appeal setting aside a decision that dismissed the application for authorization to institute a class action for sexual abuse and assaults committed by their members. ... [read more]

Monday, June 03, 2019 @ 8:46 AM

Habeas corpus and immigration detention: Review of the law immigration_jail_sm

This is the fourth and final article on the Supreme Court of Canada judgment in Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29, rendered on May 10, 2019. Having identified the basis for Chhina’s application for habeas corpus, Justice Andromache Karakatsanis went on to review the Immigration and Refugee Protection Act (IRPA) detention scheme to determine if the scope of the review under the legislation included a review of the grounds raised by Chhina. She found at para. 59 that the detention review process established by IRPA was not as broad or advantageous as habeas corpus where an applicant alleges that their detention is unlawful because it is lengthy and of an uncertain duration for three reasons. ... [read more]

Friday, May 31, 2019 @ 9:59 PM

CONSTITUTIONAL ISSUES - Protection against arbitrary detention or imprisonment - Protection against unreasonable search and seizure - Exclusion of evidence

Appeal from a judgment of the Ontario Court of Appeal affirming a decision dismissing Le’s motion to exclude evidence. ... [read more]

Friday, May 31, 2019 @ 6:18 PM - Last Updated: Monday, June 03, 2019 @ 11:28 AM

SCC rules ‘arbitrary detention’ of racialized accused merits exclusion of seized drugs, gun Justices Brown and Martin

The Supreme Court of Canada has split 3-2 to acquit a racialized Toronto man of drug and weapons charges — with the majority judges excluding from evidence a handgun, cash and cocaine seized by police officers after the accused fled their uninvited questioning of him in his friend’s backyard. ... [read more]

Friday, May 31, 2019 @ 9:50 AM

Wellness: Treatment of Le Dain, Gascon show how far we’ve come | Darryl Singer

Last year at this time I was humbled to be part of a wellness panel at an event sponsored by the Young Lawyers Division of The Advocates’ Society. Also on the panel was the daughter of former Supreme Court of Canada Justice Gerald Le Dain. She spoke eloquently of her father’s lifelong battle with depression and the fact that his mental illness forced Le Dain prematurely from the bench in 1988 (he had only been appointed in 1984). ... [read more]