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Supreme Court of Canada

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Friday, June 04, 2021 @ 2:25 PM

MAINTENANCE AND SUPPORT - Child support - Changed circumstances - Reduction or rescission of arrears

Appeal by the father from a judgment of the Ontario Court of Appeal that set aside a decision of a motion judge that reduced the father’s child support arrears. The parties were married for 13 years prior to their divorce in 1996. ... [read more]

Wednesday, June 02, 2021 @ 11:01 AM

Landmark Dutch case creates legal obligation to reduce carbon emissions shellstation

On May 26, 2021, The Hague District Court in the Netherlands ordered Royal Dutch Shell (RDS) to reduce the CO2 emissions of its group of Shell companies (referred to as the Shell Group) by net 45 per cent per in 2030 as compared to 2019 levels. The Shell Group is made up of 1,100 companies that produce, refine and sell oil, gas and other energy products across the world. ... [read more]

Tuesday, June 01, 2021 @ 10:57 AM

Using CBC’s leadership debates footage for campaign ads deemed ‘fair’ Several reporter microphones

The Federal Court in Canadian Broadcasting Corporation v. Conservative Party of Canada 2021 FC 425 has sanctioned the use of a broadcaster’s leadership debate footage without permission as “fair dealing,” in a blow to copyright ownership rights. ... [read more]

Friday, May 28, 2021 @ 2:22 PM

INCIDENTAL PROCEEDINGS - Discontinuance - Effects

Appeal from a decision of the Quebec Court of Appeal affirming a decision that authorized respondent Centre intégré universitaire de santé et de services sociaux de l’Ouest‑de‑l’Île‑de‑Montréal (CIUSSS) to remove its exhibits from the court record in proceedings instituted against one of its former managers, Kamel. ... [read more]

Wednesday, May 26, 2021 @ 1:14 PM

An unholy mess: Why a constitution is not a contract | Heather MacIvor

Volunteer organizations are supposedly united by the pursuit of shared goals. Faith communities aspire to embody love and forgiveness, not rancour and division. But where strongly held beliefs are at issue, turning the other cheek is easier said than done. Wherever human beings gather in groups, be they religious congregations, political parties or charitable agencies, disagreements arise, egos clash and factions emerge. Voluntary organizations must find a way to manage internal conflicts, or risk collapse. ... [read more]

Tuesday, May 25, 2021 @ 2:24 PM

Arbitration ‘contort’ in Heller v. Uber: A lesson for contract drafters Construction crane building a handshake

Sometimes we try to overtighten a screw to ensure it is securely in place. Making doubly sure seems like a good idea, but if we go to extremes, the screw will get stripped. The same occurs where contract drafters, in large corporations, go too far when drawing up their online service agreement. Some improvident arbitration agreements in the context of consumer or employment contracts (and even sometimes in commercial settings) resemble a screw which is overtightened and then gets stripped and consequently is found to be unconscionable and invalid by courts. ... [read more]

Friday, May 21, 2021 @ 1:13 PM

RELIGIOUS INSTITUTIONS - Application of contractual principles to self-governing voluntary organizations - Membership - Loss of membership

Appeal by the Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral (Church) and the individual appellants from a judgment of the Ontario Court of Appeal that set aside a decision that granted them a summary judgment and dismissed the action brought by Aga and the other respondents who were expelled from the congregation after a dispute arose about a movement within the Church that some considered to be heretical. ... [read more]

Thursday, May 20, 2021 @ 1:50 PM

Criminal negligence case proves standard of care does not equal perfection Cocktail glass on tray

A person need not be driving to be criminally responsible for the consequences of a motor vehicle collision. Criminal negligence requires bodily harm or death in order for the actions to be criminalized and can apply to anyone in a chain of causation of the harm. The test for criminal negligence is whether a person breached a standard of care in a marked and substantial way. ... [read more]

Tuesday, May 18, 2021 @ 8:30 AM

Advocacy and defamation collide: Giuliani, Powell and claims of stolen election U.S. flag turns into angry voters

Rudy Giuliani and Sidney Powell are lawyers at the heart of false claims that the 2020 U.S. federal election was rigged. Both are now facing credible U.S. defamation cases. By blurring the line between advocacy and politics, Giuliani and Powell illustrate the danger of stepping off the courthouse steps to make defamatory statements — in the U.S. or Canada. ... [read more]

Friday, May 14, 2021 @ 2:40 PM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Assaults - Sexual assault – Consent

Appeal by the Crown from a decision of the Ontario Court of Appeal that allowed GF and RB’s appeal from their convictions for sexual assault and ordered a new trial. The complainant testified that when she was 16 years old, GF and RB, co-workers of her mother, sexually assaulted her on the last night of a camping trip. ... [read more]