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Supreme Court of Canada

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Friday, July 03, 2020 @ 12:12 PM

First Nations say SCC refusal to hear pipeline appeal undermines consultation, reconciliation Eugence Kung sm

Three British Columbia First Nations opposed to Ottawa’s $12.6-billion expansion of the Trans Mountain bitumen pipeline say the Supreme Court of Canada has dealt a lasting blow to reconciliation by refusing to hear their challenge to a February Federal Court of Appeal decision that cleared the way for the project. ... [read more]

Monday, June 29, 2020 @ 1:26 PM

Forcing Uber driver into international arbitration unfair: SCC Lior_Samfiru_sm

Workers’ rights mean nothing “if there is no mechanism to enforce those rights,” says a lawyer following the Supreme Court deciding an Uber driver cannot be forced by the company to take his dispute with it to costly arbitration in another country because the hiring contract’s clause requiring this is unfair and, thus, invalid. ... [read more]

Friday, June 26, 2020 @ 2:33 PM

BINDING ARBITRATION - Voluntary binding arbitration - Agreement to arbitrate - Validity and enforceability

Appeal from a decision of the Ontario Court of Appeal setting aside a stay of proceedings. The respondent David Heller provided food delivery services in Toronto using software applications provided by the appellants, Uber Technologies Inc., Uber Canada, Inc., Uber B.V. and Rasier Operations B.V. (collectively “Uber”). ... [read more]

Thursday, June 18, 2020 @ 4:50 PM

Accused must subjectively know they are breaching bail for conviction, Supreme Court rules Justice Sheilah Martin

The Supreme Court of Canada’s unanimous ruling that convictions for breaching bail must be based on a “subjective” standard of fault rather than an “objective” one will curtail prosecutors’ haste in moving on such charges and force bail courts to focus on an accused’s circumstances and ability to comply, says a lawyer. ... [read more]

Thursday, June 18, 2020 @ 7:56 AM

Criminal and immigration laws don’t just intersect, they can collide handcuffs_fingerprints_sm

A criminal record is always a serious matter but for non-citizens of Canada, it has potentially devastating and far-reaching consequences, beyond the term of punishment. ... [read more]

Friday, June 12, 2020 @ 5:36 PM - Last Updated: Friday, June 12, 2020 @ 6:41 PM

SCC issues landmark ruling on minority language education rights, Charter justification and damages Justice Richard Wagner

In a robust and expansive interpretation of the Charter’s s. 23 guarantee of minority language educational rights, the Supreme Court of Canada has mostly allowed the appeal of British Columbia’s sole francophone school board in a milestone judgment that orders the province to pay more than $7 million in Charter damages for failing to properly fund francophone students’ transit and French-language rural schools. ... [read more]

Friday, June 12, 2020 @ 3:27 PM

SCHOOL REGULATION AND ADMINISTRATION - Finances and funding - Constitutional issues - Canadian Charter of Rights and Freedoms

Appeal by the claimants from a decision of the British Columbia Court of Appeal dismissing their appeal and allowing of the respondent Province’s cross-appeal. ... [read more]

Friday, June 05, 2020 @ 9:49 AM

SCC poised for first virtual appeal hearing; Zoom ‘observers’ to see novel contract, criminal cases Emily Kirkpatrick

The Supreme Court of Canada is opening its virtual courtroom doors next week by pioneering Zoom hearings in several civil and criminal appeals that raise novel issues of undue trial delay, pre-incorporation contracts in strata developments and entrapment in “dial-a-dope” operations. Up until 1 p.m. (EDT) June 5, the public and media can ask the top court to register them for an unspecified number of “first-come, first-served” Zoom “observer” spots in each of four cases (including one oral leave application), to be argued from June 9 to June 12. ... [read more]

Monday, June 01, 2020 @ 2:54 PM

Dependant denied support for misconduct: Support applications denied_stamp_sm

This three-part series addresses the question of whether misconduct by a dependant could disentitle that person to support that they might otherwise be entitled to receive. The answer to this requires a review of several acts, including the Civil Remedies Act, and this article will explore it and how other statutes and common law rules have been applied to try to disentitle beneficiaries to proceeds of life insurance and through intestacy. ... [read more]

Friday, May 29, 2020 @ 5:06 PM - Last Updated: Friday, May 29, 2020 @ 6:13 PM

Top court applies entrapment doctrine for first time to virtual space in ‘dial-a-dope’ appeals Justices Andromache Karakatsanis

The Supreme Court of Canada has clarified how the entrapment doctrine and the reasonable suspicion standard apply to “dial-a-dope” investigations in a 5-4 judgment that for the first time applies the decades-old entrapment doctrine in the context of a virtual (rather than a physical) location — i.e. a cell phone number used to sell illegal drugs. ... [read more]