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Supreme Court of Canada


Thursday, October 12, 2017 @ 3:08 PM

SCC to hear novel case on lawyers’ liability for client referrals that go bad Doug Mitchell

The Supreme Court of Canada has announced it will address for the first time the legal jeopardy and financial liability faced by lawyers when their referrals of clients to other service providers turn sour. ... [read more]

Thursday, October 12, 2017 @ 1:30 PM

Ryerson honours former Supreme Court Justice Iacobucci

Justice Frank Iacobucci, the Puisne Justice on the Supreme Court of Canada from 1991 to 2004, has a new honorary doctor of laws degree to add to his list of credentials. ... [read more]

Tuesday, October 10, 2017 @ 8:37 AM

ABORIGINAL STATUS AND RIGHTS - Civil actions and liabilities - Historical grievances - Residential schools - Practice and procedure - Discovery - Evidence - Document retention and destruction - Settlements - Orders - Appeals

Appeal from a judgment of the Ontario Court of Appeal substantially affirming a decision that records from a consolidated class action related to Indian Residential Schools should be destroyed following a 15-year retention period. ... [read more]

Friday, October 06, 2017 @ 1:05 PM

Updated: IAP records to be destroyed after 15 years unless claimants consent to archiving: Supreme Court Russel Brown

The Supreme Court has affirmed 7-0 that the more than 37,000 former students of Indian residential schools who claimed compensation from Ottawa for historic physical and sexual abuse are entitled to decide whether their personal records created during the claims process should be destroyed, or archived for posterity. ... [read more]

Tuesday, October 03, 2017 @ 3:07 PM

SCC’s ‘barnburner’ fall session features TWU, Groia, Comeau and other hot cases Carissima Mathen

Two cases that have galvanized the legal profession — TWU and Groia — are among the 28 appeals the Supreme Court of Canada is hearing during a busy fall session that marks the swansong of the court’s longest serving chief justice. ... [read more]

Monday, October 02, 2017 @ 12:46 PM

Binnie says judges should lead by crafting new remedies for corporate abuses abroad Exclusive

One of Canada’s leading jurists is urging judges here to be more creative in developing the common law to provide access to justice for those harmed by Canadian mining companies or other extractive businesses operating abroad. ... [read more]

Friday, September 29, 2017 @ 8:28 AM

CIVIL PROCEDURE - Pre-trial discovery - Pre-trial examination - Object and scope - Immunity and privileges - Crown immunity - Persons who may be examined - Third party

Appeal by the Attorney General of Canada (AGC) from a judgment of the Quebec Court of Appeal affirming a decision concluding that the obligation to submit to discovery in a proceeding in which it was not a party applied to the federal Crown (Crown). ... [read more]

Thursday, September 28, 2017 @ 12:55 PM

SCC rules Crown immunity shields officials from compelled discovery when Crown not a party Gascon

Federal officials can’t be compelled to submit to discovery in civil actions to which neither the Crown nor its servants are parties, the Supreme Court has ruled 7-0 in overturning a Quebec judgment that had attenuated federal Crown immunity. The Sept. 28 judgment co-written by Justices Clément Gascon and Russell Brown is of note to civil litigators and others interested in the law of Crown liability: Canada (Attorney General) v. Thouin 2017 SCC 46. ... [read more]

Wednesday, September 27, 2017 @ 11:57 AM

Request for more judges a necessary move for strained system, lawyers say Melanie_Manchee_sm

Ontario’s Superior Court needs additional judges for a strained system that forces the accused to wait years for trial, makes civil cases the “lesser third cousin” to criminal matters and has children sit in “emotionally charged” homes as parents await divorce proceedings, say lawyers. ... [read more]

Wednesday, September 27, 2017 @ 8:48 AM

How Jordan decision will impact disciplinary law | Nathalie Dubé

In July 2016, in the Jordan case, the Supreme Court of Canada established the procedural delays beyond which the accused is presumed to have been deprived of the right to a fair trial in a reasonable time. What is the basis for this decision, and will it have an effect on the justice system applicable to professionals? ... [read more]