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Supreme Court of Canada

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Thursday, July 06, 2017 @ 01:13 PM

CRIMINAL CODE OFFENCES - Motor vehicles - Impaired driving or driving over the legal limit - Breathalyzer or blood sample demand - Certificate of analysis

Appeal by Alex from a judgment of the British Columbia Court of Appeal affirming his conviction for impaired driving. Alex was stopped by the police who conducted a typical drinking and driving investigation. ... [read more]

Thursday, July 06, 2017 @ 11:41 AM

Updated: Unlawful breath demands do not nix Crown’s evidentiary shortcuts, SCC rules Michael Moldaver

The Supreme Court has ruled 5-4 that in prosecutions for driving over the legal limit the Crown can rely on the Criminal Code’s s. 258(1) evidentiary shortcuts to prove blood alcohol concentration (BAC), even when police did not have “reasonable grounds” to demand the breath sample as required by s. 254(3) of the code. ... [read more]

Wednesday, July 05, 2017 @ 01:22 PM

Lawyers say many regions overlooked in making Federal Court appointments Scott Brittain

Justice Minister Jody Wilson-Raybould ignored the federal judgeship applications of lawyers and provincial court judges in nearly half of the country when she recently appointed her own deputy minister to the Federal Court in a move which has generated complaints of unfairness as well as thousands of real and perceived conflicts for the national trial court. ... [read more]

Friday, June 30, 2017 @ 01:55 PM

Rothstein, Arvay and Eberts among appointees to Order of Canada

Several members of the legal community were among the 99 people appointed to the Order of Canada on June 30, including a former justice of the country's top court. ... [read more]

Friday, June 30, 2017 @ 01:38 PM

PATENTS - Criteria for patent protection - Utility - Doctrine of sound prediction - Invalidity of patent

Appeal by AstraZeneca Canada Inc., AstraZeneca Aktiebolag and AstraZeneca UK Limited (collectively, “AstraZeneca”) from a judgment of the Federal Court of Appeal which declared its 2,139,653 patent (“Patent”) invalid for want of utility. ... [read more]

Friday, June 30, 2017 @ 12:06 PM

Updated: SCC revamps patent utility standard by scrapping 'promise doctrine' Malcolm Rowe

In a patentee-friendly revamp of Canada’s patent utility standard, the Supreme Court has ruled that the “promise of the patent” doctrine is “not good law” and should no longer be used as a yardstick to assess whether a patent for an invention discloses sufficient utility under s. 2 of the Patent Act. ... [read more]

Thursday, June 29, 2017 @ 03:28 PM

EVIDENCE - Hearsay rule - Exceptions - Necessary and reliable evidence - Methods of proof - Circumstantial evidence

Appeal by the Crown from a judgment of the British Columbia Court of Appeal setting aside Bradshaw’s convictions for first degree murder and ordering a new trial. The Court had to determine when a trial judge could rely on corroborative evidence to conclude that the threshold reliability of a hearsay statement was established. ... [read more]

Thursday, June 29, 2017 @ 11:49 AM

Updated: SCC adopts restrictive hearsay test for threshold reliability Richard Fowler

The Supreme Court has adopted a restrictive approach to the hearsay test for threshold reliability in a 5-2 decision that affirms a new trial for a B.C. man convicted of two murders based partly on what the majority deemed to be an inadmissible video re-enactment by his alleged accomplice. ... [read more]

Wednesday, June 28, 2017 @ 06:33 PM

SCC backs novel global ‘takedown order’ blocking Google search results worldwide Robbie Fleming

In a controversial 7-2 decision said to be a global first, the Supreme Court of Canada has upheld a B.C. court’s Internet “takedown order” that requires Google to block from its worldwide search results certain websites alleged to be selling equipment based on the pirated intellectual property of a Canadian company. ... [read more]

Wednesday, June 28, 2017 @ 03:16 PM

CIVIL PROCEDURE - Interlocutory injunctions - Circumstances when granted - Considerations affecting grant - Balance of convenience - Irreparable injury - Form and operation of order - Extraterritorial operation

Appeal by Google Inc. (Google) from a judgment of the British Columbia Court of Appeal affirming an interlocutory injunction granted against Google in the respondents’ favour. ... [read more]