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Supreme Court of Canada

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Friday, April 12, 2019 @ 12:08 PM

Lametti says no need for Trudeau gov’t to probe ‘one-off’ SCC leak; but demand grows for RCMP investigation Exclusive

Justice Minister David Lametti says a damaging leak about the latest Supreme Court of Canada appointment was a “one-off” that did not come from his department or the Prime Minister’s Office (PMO) — nor does it require the Trudeau government to track down the leak’s source(s) or reconsider the adequacy of the confidentiality protections around the Supreme Court appointment process. ... [read more]

Monday, April 08, 2019 @ 5:54 AM

TELUS v. Wellman calls for legislative action | William Horton

Pity the Supreme Court of Canada. In TELUS Communications Inc. v. Wellman, [2019] S.C.J. No. 19, the court was called upon to choose between: Excluding tens of thousands of TELUS’ business customers from any effective remedy by keeping them out of a class action which would decide the exact same claims advanced by customers who are consumers; and stretching the words of s. 7(5) of the Arbitration Act beyond the meaning that the words literally bear. ... [read more]

Thursday, April 04, 2019 @ 5:21 PM - Last Updated: Friday, April 05, 2019 @ 11:22 AM

SCC rules that Ontario business customers bound by arbitration clauses are barred from suing service providers  Michael Moldaver

The Supreme Court of Canada has ruled 5-4 that business customers of TELUS in Ontario can’t piggyback on a $520-million consumer class action for alleged cellphone overbilling because, under Ontario’s Arbitration Act 1991, they are bound by their TELUS service contracts to arbitrate their disputes rather than sue. ... [read more]

Thursday, April 04, 2019 @ 3:25 PM

CIVIL PROCEDURE - Parties - Class or representative actions - Stay of action due to parallel proceeding

Appeal by Telus Communications Inc. (Telus) from a judgment of the Ontario Court of Appeal affirming a decision that refused to stay business customers’ claims in a class action against Telus. ... [read more]

Tuesday, April 02, 2019 @ 9:08 AM

Access to Justice: Looking at the people behind the labels | Beverley McLachlin

Access to justice has two sides — one procedural, one substantive. The procedural side is concerned with giving people access to the legal information and legal services that they need — their hour with a lawyer or their day in court. The substantive side is concerned with ensuring that they access real justice once they are in the system.   ... [read more]

Thursday, March 28, 2019 @ 3:40 PM

COMPELLING APPEARANCE, DETENTION AND RELEASE - Judicial interim release or bail

Appeal by Myers from a decision of the British Columbia Supreme Court confirming his detention status. ... [read more]

Thursday, March 28, 2019 @ 12:13 PM - Last Updated: Friday, March 29, 2019 @ 11:07 AM

SCC rules 30- and 90-day detention reviews for accused held on remand are automatic under s. 525 of Code Richard Wagner

A unanimous Supreme Court of Canada decision requiring automatic detention reviews after 90 or 30 days for people in remand will have a “massive” and salutary impact on the justice system — resulting in thousands more judicial hearings to review pretrial detention, quicker trials, and fewer accused in custody pending trial, predicts the B.C. defence counsel who won the case. ... [read more]

Wednesday, March 20, 2019 @ 10:58 AM

Still waters run deep: Ramifications of Redwater ancientoilwells_sm.jpg

Just over a month after the Supreme Court of Canada handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5), companies are still scrambling to understand exactly how this will impact their operations moving forward. While the oil and gas sector will inevitably feel the full brunt of the decision, they’re not the only industry set to suffer. Industries like mining, power, lumber, pulp and paper and any one where the provinces legislate on abandonment, reclamation and remediation are all set to be impacted. ... [read more]

Monday, March 18, 2019 @ 8:59 AM

Justice Côté and the importance of dissent | Vanessa MacDonnell

On Feb. 27, 2019, Supreme Court of Canada Justice Suzanne Côté delivered a robust defence of the role of dissent in a public lecture at McGill University. The lecture, titled “Independence and Collegiality: How do they Co-Exist at the Supreme Court of Canada?” made the case for judges’ broad “right” to dissent. The remarks are Justice Côté’s most extensive comments on this topic since joining the court in December 2014, and they offer a fascinating glimpse of the judicial philosophy of the current court’s most frequent dissenter. ... [read more]

Friday, March 15, 2019 @ 4:43 PM - Last Updated: Friday, March 15, 2019 @ 5:05 PM

SCC strikes down element of child luring offence but revives one-year minimum penalty in Ontario Michael Moldaver

In its first constitutional pronouncement on the crime of child luring, the Supreme Court of Canada has 9-0 struck down the statutory presumption that an adult accused of child luring believes the purported child’s online representations that she is under age (absent evidence to the contrary). ... [read more]