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Supreme Court of Canada

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Friday, July 26, 2019 @ 10:52 AM - Last Updated: Friday, July 26, 2019 @ 3:56 PM

SCC restores ability of courts martial to try serious crimes by military members in Canada Moldaver and Brown

The Supreme Court of Canada has ruled 5-2 that military members charged under the National Defence Act (NDA) for serious criminal offences committed in Canada do not have the right to trial by jury — overturning a Court Martial Appeal Court (CMAC) Charter ruling below that would have gutted the court martial system, and jeopardized dozens of current prosecutions, including for sexual assault. ... [read more]

Friday, July 26, 2019 @ 9:28 AM

Supreme Court of Canada nominee Kasirer says policy-making is for legislators, not judges Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer says he finds oral advocacy “very useful” in deciding appeals and advises counsel to hone in on what’s most important when making their arguments. That was among the insights the fluently bilingual 59-year-old Supreme Court of Canada nominee from Quebec shared at a decorous and non-partisan question-and-answer session in Ottawa July 25 ... [read more]

Friday, July 26, 2019 @ 8:40 AM

Chief Electoral Officer told to reconsider federal election date | Heather MacIvor

On July 23, Justice Ann Marie McDonald of the Federal Court ordered Canada’s Chief Electoral Officer (CEO) to reconsider his decision not to recommend postponing the fall general election (Chani Aryeh-Bain et al. v. Chief Electoral Officer of Canada 2019 FC 964). ... [read more]

Monday, July 22, 2019 @ 3:14 PM

Chief Justice Wagner, Justice minister sign accord to boost SCC independence

Supreme Court Chief Justice Richard Wagner and Minister of Justice and Attorney General of Canada David Lametti on July 22 signed an accord aimed at recognizing and reinforcing the independence of the Supreme Court. ... [read more]

Monday, July 22, 2019 @ 8:42 AM

Knowledge of fraudulent person can’t be attributed to company Magnifying glass with calculator

The Supreme Court of Canada (SCC) answered a delicate question in its Christine Dejong Medecine Professional Corp. v. DBDC Spadina Ltd. [2019] S.C.J. No. 30 decision: If a company is used by someone who is committing fraud, can that company be said to have known about that fraud? ... [read more]

Monday, July 15, 2019 @ 1:26 PM

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]

Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Tuesday, July 09, 2019 @ 9:26 AM

Halfway through 2019, SCC more divided than ever as nine judges fracture in 82 per cent of cases The Lawyer's Daily exclusive

The Supreme Court of Canada is dividing more on the outcomes and reasons of appeals than ever in recent memory, with a record low 18 per cent unanimity rate so far in 2019, an analysis by The Lawyer’s Daily discloses. As of the Supreme Court’s latest decision on July 5, this year the top court has divided on the results of the cases, and/or on the judges’ reasons (via concurring opinions) in 18 of 22 judgments. ... [read more]

Friday, July 05, 2019 @ 3:35 PM

RECOGNIZANCES AND UNDERTAKINGS - Recognizance to keep the peace or peace bond

Appeal by the Prosecution from a judgment of the Newfoundland and Labrador Court of Appeal setting aside a decision granting the declaratory relief sought by the Prosecution. ... [read more]