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Supreme Court of Canada

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Thursday, December 12, 2019 @ 1:39 PM

FAMILY PATRIMONY - Establishment - Residences

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision declaring that the value of the family residence should be included in the division of the family patrimony. ... [read more]

Wednesday, December 11, 2019 @ 8:20 AM

The Supreme Court and duty of good faith: What now? business_contract_sm

Most people wouldn’t be surprised to learn that Canadian contract law recognizes the duty to perform contracts in “good faith,” and that good faith includes an overriding duty of “honest performance.” But when the Supreme Court of Canada explicitly recognized the duty of good faith in the 2014 case Bhasin v. Hrynew 2014 SCC 71 (Bhasin), legal scholars and commentators predicted the ruling would have a significant impact on the obligations of parties to commercial contracts in Canada. ... [read more]

Friday, December 06, 2019 @ 12:37 PM - Last Updated: Friday, December 06, 2019 @ 1:36 PM

INTERPRETATION - General principles - Context

Appeals from a judgment of the Ontario Court of Appeal, reversing a decision declaring that the terms of an indemnity agreement concluded in 1985 (the 1985 Indemnity) required the Province of Ontario to compensate the respondents for the cost of complying with an order of the Director of the Ministry of the Environment and Climate Change (Director). ... [read more]

Friday, December 06, 2019 @ 10:35 AM - Last Updated: Friday, December 06, 2019 @ 3:55 PM

Gov’t’s indemnity doesn’t insulate ex-paper mill owners from costs to monitor, maintain waste disposal site Supreme Court Justice Rosalie Silberman Abella

The Supreme Court of Canada has ruled 4-3 that two former owners of a northern Ontario pulp and paper mill which polluted nearby rivers with mercury are not insulated by a 1985 indemnity signed by the Ontario government from paying the costs to monitor and maintain a mercury disposal site, as ordered in 2011 by the Director of the Ministry of Environment. ... [read more]

Thursday, December 05, 2019 @ 11:47 AM

Liability for unlawful arrest and right to refuse to comply | Sylvie Rodrigue

On Nov. 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Quebec courts below and ordering the Société de transport de Montréal (STM) (the authority responsible for the subway system), the City of Laval and constable Fabio Camacho to pay her $20,000 in relation with her detention and arrest 10 years ago. ... [read more]

Friday, November 29, 2019 @ 3:00 PM - Last Updated: Friday, November 29, 2019 @ 4:38 PM

SCC awards $20,000 for unlawful arrest, says police must know law, respect civil liberties Justice Suzanne Côté

A university student who fought her illegal arrest up to the highest court has been vindicated by the Supreme Court of Canada, which unanimously awarded her $20,000 for the mistreatment she suffered after she exercised her right not to comply with a subway inspector’s unlawful order to hold the handrail on a down escalator in Montreal’s subway system. ... [read more]

Friday, November 29, 2019 @ 2:58 PM

FAULT - Abuse of powers - Abusive detention or arrest - Apportionment of liability

Appeal from a decision of the Quebec Court of Appeal dismissing Kosoian’s action for unlawful arrest against the Société de transport de Montréal (STM), the City of Laval (City) and Camacho, a police officer employed by the City. ... [read more]

Thursday, November 28, 2019 @ 5:23 PM

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability Daniele Dion

In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective. ... [read more]

Thursday, November 28, 2019 @ 2:08 PM

DIVISION OF POWERS - Navigation and shipping - Property and civil rights - Determination of jurisdiction

Appeal from a judgment of the Quebec Court of Appeal holding the defendants Wärtsilä Nederland B.V. and its Canadian division, Wärtsilä Canada Inc. (“Wartsila”) liable for latent defects in ship engine parts sold to the plaintiff Transport Desgagnés Inc. (“TDI”), but limiting its liability to €50,000 pursuant to a limitation of liability clause in the contract. ... [read more]

Monday, November 25, 2019 @ 11:14 AM

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert Pier-Olivier_Fradette

Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist. ... [read more]