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Supreme Court of Canada

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Thursday, June 07, 2018 @ 6:55 AM

SCC fractures over forum non conveniens in multijurisdictional Internet libel case Paul Schabas

The Supreme Court of Canada has splintered over the private international law principles applicable to the issues of jurisdiction, forum non conveniens and choice of law in the context of a multijurisdictional Internet libel case — with most of its judges declining to substantially reform the usual rules Canadian courts apply in deciding whether to assume and exercise jurisdiction in cross-border legal disputes. ... [read more]

Wednesday, June 06, 2018 @ 3:25 PM

JURISIDICTION - Determination of - Forum conveniens - Procedure for determining

Appeal by Haaretz.com from a judgment of the Ontario Court of Appeal affirming a decision of the Ontario Superior Court of Justice finding it had jurisdiction to hear Goldhar’s defamation action. ... [read more]

Friday, June 01, 2018 @ 12:49 PM

REGULATION OF PROFESSION - Law societies and governing bodies - Disciplinary procedure - What constitutes misconduct

Appeal by Groia from a judgment of the Ontario Court of Appeal affirming a decision of the Divisional Court, which affirmed a decision of the Law Society Appeal Panel (Appeal Panel) affirming in part a decision of the Law Society Hearing Panel (Hearing Panel). ... [read more]

Friday, June 01, 2018 @ 10:07 AM - Last Updated: Friday, June 01, 2018 @ 3:56 PM

SCC rules Groia not guilty, sets standard for when lawyers’ incivility in court becomes professional misconduct Justice Michael Moldaver

The Supreme Court of Canada has overturned the Law Society of Ontario’s (LSO) controversial professional misconduct conviction of Toronto securities litigator Joe Groia in a much-anticipated ruling which clarifies the approach and standard for determining when lawyers’ uncivil courtroom conduct crosses over into professional misconduct. ... [read more]

Thursday, May 31, 2018 @ 1:43 PM

JUDICIAL REVIEW AND STATUTORY APPEAL - Jurisdiction of the court to review

Appeal by the Judicial Committee (Committee) of the Highwood Congregation of Jehovah's Witnesses (Congregation) from a judgment of the Alberta Court of Appeal affirming a decision by the Court of Queen’s Bench of Alberta concluding it had jurisdiction to consider Wall’s application for an order of certiorari that would quash the Committee’s decision to disfellowship him. ... [read more]

Thursday, May 31, 2018 @ 10:36 AM - Last Updated: Thursday, May 31, 2018 @ 4:43 PM

SCC rules courts have limited power to review fairness of decisions of voluntary associations David Gnam

The Supreme Court of Canada has allowed the appeal of a Jehovah’s Witness congregation in Calgary against a decision by the courts below to review for procedural fairness an edict by church elders requiring the congregation to shun one of its members. ... [read more]

Friday, May 25, 2018 @ 3:00 PM

PROCEDURE - Pleas - Change of plea - Voluntariness

Appeal by Wong from a judgment of the British Columbia Court of Appeal affirming his conviction for trafficking in cocaine. ... [read more]

Friday, May 25, 2018 @ 1:00 PM - Last Updated: Friday, May 25, 2018 @ 4:51 PM

SCC clarifies law on setting aside uninformed guilty pleas Micahel Moldaver

The Supreme Court of Canada has divided over the test for setting aside uninformed guilty pleas in a 4-3 decision that upholds the cocaine trafficking conviction of a B.C. permanent resident who was not informed by his criminal defence counsel that his guilty plea could lead to him being deported for “serious criminality” under Canada’s immigration laws. ... [read more]

Friday, May 18, 2018 @ 5:59 PM

Supreme Court affirms workers’ compensation board’s authority to impose fine on forestry company Paul Daly

In a noteworthy judicial review case from B.C., the Supreme Court of Canada has divided over how to determine whether a workers’ compensation board had the requisite statutory authority to promulgate the workplace safety regulation under which a forestry company was fined for not ensuring the safety of a worker killed on the job. ... [read more]

Friday, May 18, 2018 @ 2:13 PM

WORKPLACE HEALTH AND SAFETY - Liability - Offences and enforcement - Fines - Appeals and judicial review

Appeal by West Fraser Mills Ltd. (West Fraser) from the judgment of the British Columbia Court of Appeal affirming the decision of the British Columbia Supreme Court which dismissed an application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (Tribunal). ... [read more]