Focus On

Supreme Court of Canada


Friday, April 30, 2021 @ 4:49 PM

CRIMINAL LAW - Crown prosecutor

Appeal by the Attorney General of Ontario from a judgment of the Ontario Court of Appeal that affirmed the dismissal of the Attorney General’s motion to strike the respondents’ misfeasance claim. ... [read more]

Friday, April 30, 2021 @ 10:29 AM

21st century city-state: Empowering municipality of future | Bo Kruk

Municipalities have often found themselves the subject of political gamesmanship from the other levels of government. As the public has become disillusioned with federal and provincial governments, Canadians are turning more to this third level of government. While it is only the federal and provincial governments that are rooted in the Canadian Constitution, as part of this political gamesmanship candidates for provincial election have been advocating for “maximum municipal sovereignty” (spoiler: not a thing). ... [read more]

Monday, April 26, 2021 @ 1:35 PM

Racism at work: Is Canadian labour and human rights law working hard enough? Black and White Businessmen with thought balloon

Ever since the murder of George Floyd by a Minneapolis police officer in May 2020 shook the world, Canadians have debated the depth of racism in our own society. Shortly after Floyd’s killing, Prime Minister Justin Trudeau acknowledged that: “There is systemic discrimination in Canada, which means our systems treat Canadians of colour, Canadians who are racialized, differently than they do others.” Earlier federal reports on missing and murdered Indigenous women and girls, and on the abuses at Indigenous residential schools, have also put a spotlight on the deep-rootedness of racism in Canada. ... [read more]

Friday, April 23, 2021 @ 1:24 PM

HUNTING, FISHING OR TRAPPING - Offences and penalties - Constitutional issues - Recognition of existing Aboriginal and treaty rights

Appeal by the Crown from a decision of the British Columbia Court of Appeal that confirmed the acquittal of the respondent Desautel on charges of hunting without a licence and hunting big game while not being a resident of the province. ... [read more]

Friday, April 16, 2021 @ 8:34 AM

April pay cut is constructive dismissal | Stuart Rudner

It doesn’t seem like it’s been over a year, but on April 2, 2020, my article in The Lawyer’s Daily was titled Constructive dismissal and COVID-19. In that post, I wrote that “How our courts will treat this unprecedented situation in the future remains to be seen.” ... [read more]

Thursday, April 08, 2021 @ 2:42 PM

Boundaries of power: Courts’ critical role in 21st century federalism | Bo Kruk

Politics is complex. A brief glimpse at recent news conferences is sufficient to recognize how frequently resolution of an issue is left at the feet of the federal government. Back in January, Alberta Premier Jason Kenney held a news conference calling on the federal government to impose trade sanctions on the U.S. if an agreement could not be reached about the cancellation of the Keystone XL Pipeline. More recently, through the Council of the Federation, the provincial governments have called upon the federal government to increase federal spending on the Canada Health Transfer. ... [read more]

Wednesday, March 31, 2021 @ 11:37 AM

Ramifications of Supreme Court’s carbon pricing decision Canadian weather map

On March 25, 2021, the Supreme Court of Canada handed down its decision on the constitutionality of the Greenhouse Gas Pollution Pricing Act (GGPPA). The Supreme Court held that the GGPPA was constitutional (Reference re Greenhouse Gas Pollution Pricing Act 2021 SCC 11). ... [read more]

Tuesday, March 30, 2021 @ 2:04 PM

Evidence-based legal practice: The value of data in litigation Woman lawyer analyzing legal data

Professionals are paid for their judgment and experience. That judgment and experience should be supplemented, wherever possible, by empirical data. ... [read more]

Monday, March 29, 2021 @ 8:24 AM

What corporate lawyers should know about top court’s carbon pricing ruling | Janis Sarra

On March 25, the Supreme Court of Canada rendered its long-awaited judgment on the constitutionality of the Greenhouse Gas Pollution Pricing Act (GGPPA), finding in Reference re Greenhouse Gas Pollution Pricing Act 2021 SCC 11 that Parliament has jurisdiction to enact the law as a matter of national concern under the “peace, order, and good government” clause of s. 91 of the Constitution Act. ... [read more]

Friday, March 26, 2021 @ 2:34 PM

Court leaves trail of sour grapes for Locust Lane wineries Deep red wine in a glass

In Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp. 2021 FC 156, Justice Richard Southcott of the Federal Court issued a judgment on an application brought by Hidden Bench Vineyards & Winery Inc. (Hidden Bench) against neighbouring winery Locust Lane Estate Winery Corp. (LLEW), that sought damages for passing off based on prior rights to the name and mark LOCUST LANE. ... [read more]