Focus On

Supreme Court of Canada


Friday, September 18, 2020 @ 5:40 PM

Supreme Court tackles retroactive child support, rules B.C. can change past support orders Russell_Brown_sm

The Supreme Court of Canada has brought some clarity to retroactive child support, ruling in a case out of British Columbia that, unlike federal divorce legislation, there is no jurisdictional bar under the province’s Family Law Act stopping a parent from applying for unpaid back support — even if the child has since become an adult or the support order has expired. ... [read more]

Friday, September 18, 2020 @ 2:26 PM

MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income - Financial disclosure - Retroactive awards

Appeal by the mother from a judgment of the Court of Appeal of British Columbia that confirmed the setting aside of an order that required the father to pay $23,000 in retroactive child support. ... [read more]

Friday, September 18, 2020 @ 8:12 AM

Supreme Court’s early start to fall session will clear backlog, could bring landmark rulings SCC Fall Session

In what will be an early start to its fall session, the Supreme Court of Canada is set to tackle highly anticipated appeals involving provincial challenges to the federal carbon tax, a newspaper reporter’s fight to unseal estate details of a murdered billionaire couple and a dispute over the ending of peremptory challenges in jury selections. ... [read more]

Monday, September 14, 2020 @ 4:31 PM

Legal bodies call for greater diversity on federal courts Anthony Navaneelan

Three dozen legal associations and advocacy groups have sent a letter to Canada’s attorney general calling for current judicial vacancies at the Federal Court to be filled with judges of colour as a way of increasing racial diversity on the bench. ... [read more]

Thursday, September 10, 2020 @ 7:16 PM

Supreme Court twice weighs in on Ontario anti-SLAPP legislation Suzanne_Cote_sm

Canada’s highest court has for the first time zeroed in on Ontario’s anti-SLAPP laws via two rulings, finding in one that a developer’s lawsuit aimed at statements by a residents’ association was a SLAPP and went against the public’s interest in hearing the group’s environmental concerns, while deciding in another the advancement of a doctor’s defamation case is of greater public interest than the defendant’s right to expression. ... [read more]

Thursday, September 10, 2020 @ 3:52 PM

DISPOSITION WITHOUT TRIAL - Lack of jurisdiction

Appeal by 1704604 Ontario Limited (170 Ontario) from a decision of the Ontario Court of Appeal. 170 Ontario wanted to develop a subdivision in Sault Ste. Marie. In order to do so, it was necessary for 170 Ontario to obtain the approval of both the Sault Ste. Marie Region Conservation Authority (SSMRCA) and the Sault Ste. Marie City Council (City Council). ... [read more]

Thursday, September 10, 2020 @ 1:09 PM

DEFAMATION - Defamatory statements - Professional misconduct - Defences - Justification or truth - Qualified privilege

Appeals by Bent and Lerners LLP from a Court of Appeal decision that dismissed Bent’s motion under s. 137.1 of the Courts of Justice Act to dismiss the respondent’s defamation action. ... [read more]

Friday, September 04, 2020 @ 9:29 AM

Senator considers seeking Supreme Court clarity on parliamentary privilege, rule of law

Independent Sen. Mike Duffy’s final hope for clarity on whether parliamentary privilege trumps his quest to seek court-ordered damages against the Senate could rest with the Supreme Court of Canada. ... [read more]

Friday, August 28, 2020 @ 3:35 PM - Last Updated: Sunday, August 30, 2020 @ 10:59 AM

Supreme Court to start early with in-person hearings, reinstate civil deadlines

The Supreme Court of Canada will resume in-person hearings as part of an early start to its fall session and is lifting its suspension of filing deadlines for civil proceedings. According to an Aug. 27 news release, the early start, set to begin Sept. 22, is to hear cases that were sidelined due to the pandemic. ... [read more]

Tuesday, August 25, 2020 @ 10:37 AM

SCC decision: Backdoor escape from financially onerous family law mediation/arbitration? Hands opening wallet

Many participants in family law mediation/arbitration come to bitterly regret entering into this form of alternative dispute resolution process and desperately seek a way back into the judicial system. ... [read more]