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Supreme Court of Canada

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Friday, October 13, 2017 @ 1:40 PM - Last Updated: Friday, October 13, 2017 @ 5:17 PM

SCC rules Quebec municipalities not shielded from derivative claims by six-month limitation period Wagner

The Supreme Court has ruled 5-2 that the family members of a woman murdered by her abusive ex-spouse are not time-barred from seeking compensation from the City of Montreal for the emotional distress and other personal damages they suffered as a result of the wrongful death they blame police for failing to prevent. ... [read more]

Friday, October 13, 2017 @ 12:55 PM

ACTIONS AGAINST MUNICIPALITY - Bringing action - Limitation period

Appeal by the City of Montréal (City) from a judgment of the Quebec Court of Appeal setting aside a decision concluding that the action filed by the Dorvals and Bien-Aimée against the City of was prescribed. ... [read more]

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]