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Supreme Court of Canada

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Friday, November 22, 2019 @ 1:03 PM

CONTRACT - Who has authority to bind municipality - Validity

Appeal from a judgment of the Quebec Court of Appeal affirming a decision granting Octane Stratégie inc.’s (Octane) action against the City of Montreal (the City). ... [read more]

Thursday, November 21, 2019 @ 2:47 PM

SCC to hear AG’s appeal from decision greenlighting misfeasance in public office suits against Crowns Chief Justice Wagner

The Supreme Court of Canada has agreed to hear an appeal by the attorney general of Ontario from a groundbreaking ruling that Crown attorneys are not immune from being sued for misfeasance in public office. On Nov. 21, the top court granted permission to appeal from last April’s per curiam judgment of the Ontario Court of Appeal in Clark v. Ontario (A.G.) 2019 ONCA 311 ... [read more]

Thursday, November 21, 2019 @ 9:09 AM

Supreme Court to settle constitutional turf war between federal, provincial judges in Quebec Sonia_LeBel

Quebec is asking the Supreme Court of Canada to overturn a successful constitutional challenge by the judges of the Quebec Superior Court to the province’s power to raise from $70,000 to just below $85,000 the exclusive monetary jurisdiction of Quebec’s provincial court — a move which the Quebec Court of Appeal ruled unconstitutionally trenches on the superior court’s core general jurisdiction to resolve “substantial” civil disputes under s. 96 of the Constitution Act, 1867. ... [read more]

Friday, November 15, 2019 @ 2:59 PM - Last Updated: Monday, November 18, 2019 @ 3:14 PM

SCC rules Jordan’s presumptive caps on trial delay apply in youth court Michael Moldaver

The Supreme Court of Canada has declined to impose lower constitutional limits on trial delays in youth court, ruling 6-3 that the 18-month and 30-month presumptive ceilings the top court set for trying adults in the watershed Jordan decision apply also in proceedings under the Youth Criminal Justice Act (YCJA). ... [read more]

Friday, November 15, 2019 @ 1:58 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Procedural rights - Trial within a reasonable time

Appeal from a judgment of the Alberta Court of Appeal affirming the convictions of the appellant for aggravated assault and possession of a weapon for a dangerous purpose. ... [read more]

Thursday, November 14, 2019 @ 3:24 PM - Last Updated: Thursday, November 14, 2019 @ 5:36 PM

SCC splits 5-2 to acquit Quebec naturopath of unlawful act manslaughter, criminal negligence causing death Rosalie Silberman Abella

In a 5-2 judgment on the elements of the offences of criminal negligence causing death and unlawful act manslaughter, the Supreme Court of Canada has reinstated the acquittals of a Quebec naturopathic doctor whose client died of septic shock after she injected the 84-year-old heart patient intravenously with a nutrient solution that was later discovered to be contaminated. ... [read more]

Thursday, November 14, 2019 @ 2:37 PM

CRIMINAL NEGLIGENCE - Causing death by criminal negligence - Homicide - Manslaughter

Appeal from a judgment of the Quebec Court of Appeal substituting the acquittal of Javanmardi for unlawful act manslaughter with a conviction and ordering a new trial for criminal negligence causing death. ... [read more]

Tuesday, November 12, 2019 @ 11:18 AM

New SCC clerkship interview process: Equity and sound public administration | Lawrence David

Cambridge doctoral student Paul Warchuk messaged me this morning with the following news: ... [read more]

Monday, November 11, 2019 @ 9:34 AM

Civil rights groups seek first-ever Supreme Court ruling on constitutionality of solitary confinement Jessica Magonet

Nearly five months ago, the British Columbia Court of Appeal held that indefinite, prolonged solitary confinement violates prisoners’ rights to life, liberty and security of the person under Charter s. 7, and the B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC), which were involved in that case, now seek a similar finding from the Supreme Court of Canada, which has yet to rule on the constitutionality of administrative segregation. ... [read more]

Friday, November 08, 2019 @ 1:21 PM

SENTENCING - Possession of property obtained by crime over $5,000 - Fines - Forfeiture

Appeal by Rafilovich from a decision of the Ontario Court of Appeal that granted the Prosecution’s application seeking imposition of a fine, rather than forfeiture, in relation to seized funds believed to be the proceeds of crime. ... [read more]