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Supreme Court of Canada

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Friday, December 20, 2019 @ 1:19 PM

EMPLOYER OBLIGATIONS - Safety of workplace - Offences and enforcement - Procedure - Appeals

Appeal from a judgment of the Federal Court of Appeal dismissing an application for judicial review of an appeals officer’s decision concluding that Canada Post complied with its work place health and safety obligations. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 2:01 PM

BROADCASTING - Distribution undertakings - Simultaneous substitution - Content - Advertising

Appeals from a judgment of the Federal Court of Appeal that upheld a Final Order of the Canadian Radio-television and Telecommunications Commission (CRTC) holding that the broadcast of the Super Bowl should be exempt from the simultaneous substitution regime as of January 1, 2017 (Final Decision), which meant that Canadians would be free to view the U.S. broadcast that featured American commercials. ... [read more]

Thursday, December 19, 2019 @ 1:23 PM

JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness

Appeal from a judgment of the Federal Court of Appeal setting aside a decision of the Canadian Registrar of Citizenship (Registrar) cancelling Vavilov’s certificate of citizenship. ... [read more]

Friday, December 13, 2019 @ 1:33 PM

GOODS AND SERVICES TAX (GST) - Constitutional validity - Supply - Supply by government and municipalities

Appeal and cross-appeal from a judgment of the British Columbia Court of Appeal affirming a decision that the Excise Tax Act (ETA) did not apply to the British Columbia Investment Management Corporation (BCI) and that BCI was subject to the obligations set out in the intergovernmental agreements. ... [read more]

Friday, December 13, 2019 @ 12:36 PM - Last Updated: Friday, December 13, 2019 @ 1:29 PM

SCC upholds lower court decision on Crown corporation’s immunity from federal tax Andromache KARAKATSANIS sm

The Supreme Court of Canada (SCC) has ruled in a 6-1 decision released Dec. 13, that the British Columbia Investment Management Corporation (BCI or bcIMC), a Crown corporation that manages and invests pensions and other money for several public-sector organizations, is immune from federal tax under the Excise Tax Act (ETA). However, it held that BCI is still bound by provisions in the Reciprocal Taxation Agreement (RTA) and the Comprehensive Integrated Tax Coordination Agreement (CITCA). ... [read more]

Thursday, December 12, 2019 @ 2:20 PM

SCC rules property purchased by trust included in Quebec’s family patrimony Malcolm Rowe sm

The Supreme Court of Canada has ruled 5-2 that a home purchased by trust should be included in the family patrimony under the Civil Code of Quebec (CCQ), which means the property will be equally divided upon dissolution of the marriage. The issue unique to Quebec was brought before the Supreme Court in Yared v. Karam 2019 SCC 62, in a decision released Dec. 12. ... [read more]

Thursday, December 12, 2019 @ 1:39 PM

FAMILY PATRIMONY - Establishment - Residences

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision declaring that the value of the family residence should be included in the division of the family patrimony. ... [read more]

Wednesday, December 11, 2019 @ 8:20 AM

The Supreme Court and duty of good faith: What now? business_contract_sm

Most people wouldn’t be surprised to learn that Canadian contract law recognizes the duty to perform contracts in “good faith,” and that good faith includes an overriding duty of “honest performance.” But when the Supreme Court of Canada explicitly recognized the duty of good faith in the 2014 case Bhasin v. Hrynew 2014 SCC 71 (Bhasin), legal scholars and commentators predicted the ruling would have a significant impact on the obligations of parties to commercial contracts in Canada. ... [read more]

Friday, December 06, 2019 @ 12:37 PM - Last Updated: Friday, December 06, 2019 @ 1:36 PM

INTERPRETATION - General principles - Context

Appeals from a judgment of the Ontario Court of Appeal, reversing a decision declaring that the terms of an indemnity agreement concluded in 1985 (the 1985 Indemnity) required the Province of Ontario to compensate the respondents for the cost of complying with an order of the Director of the Ministry of the Environment and Climate Change (Director). ... [read more]