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Supreme Court of Canada

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Friday, March 15, 2019 @ 1:05 PM

CRIMINAL CODE OFFENCES - Offences tending to corrupt morals - Communication with a child by computer in order to commit an offence (luring)

Appeal and cross-appeal from a judgment of the Court of Appeal for Ontario affirming the conviction entered and the sentence imposed to Morrison for the charge of child luring. ... [read more]

Thursday, March 14, 2019 @ 1:34 PM

Justice minister defends bill to reveal judges’ expenses as senators prepare to reduce disclosure requirements David_Lametti

Justice Minister David Lametti says he is “quite happy” with a Trudeau government bill that the judiciary warns would violate judicial independence and endanger its members’ security by requiring all 1,178 federal judges, for the first time, to publicly disclose their individual expenses — which collectively totalled nearly $34 million in the last fiscal year. ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Thursday, February 28, 2019 @ 1:48 PM

LAWYERS - Duties and obligations - Duty to counsel - Business advice

Appeal by Salomon and his firm Sternthal Katznelson Montigny LLP (SKM) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court dismissing a professional negligence claim against them. ... [read more]

Thursday, February 28, 2019 @ 11:30 AM - Last Updated: Thursday, February 28, 2019 @ 4:42 PM

SCC rules lawyers can be liable for client referrals that go bad Clément  Gascon

In a cautionary tale for lawyers who refer clients to other service providers, the Supreme Court of Canada has 8-1 dismissed the appeal of a Montreal lawyer and his firm from a judgment below which holds them liable for the full $6.8 million their client lost after they unwittingly referred her to a financial adviser who later turned out to be a fraudster running a Ponzi scheme. ... [read more]

Friday, February 22, 2019 @ 2:22 PM - Last Updated: Friday, February 22, 2019 @ 3:40 PM

SCC clarifies what submission to foreign courts’ jurisdiction means under Civil Code of Quebec

The Supreme Court of Canada has clarified that a Quebec resident sued abroad who challenges the foreign court’s jurisdiction will be deemed by Quebec courts to have submitted to that foreign jurisdiction if the Quebecer made substantive arguments in the foreign court that, if accepted, would have resolved all or part of the dispute. ... [read more]

Friday, February 22, 2019 @ 2:05 PM

JURISDICTION - Submission to - Implied submission

Appeal by Barer from a judgment of the Court of Appeal of Quebec affirming a decision of the Superior Court which concluded a Utah court had jurisdiction over claims for fraudulent misrepresentation and unjust enrichment made by a Utah-based company and declared its judgement enforceable. ... [read more]

Thursday, February 21, 2019 @ 1:22 PM

Some problems with mandatory pro bono | Scott Reid

In a recent interview with The Lawyer’s Daily, Chief Justice of Canada Richard Wagner announced that to reduce delay and backlog “lawyers realize that they have to do something also, pro bono work, for instance.” Allow me to be blunt for a moment. The chief justice is, respectfully, out of touch if this is his solution. ... [read more]

Thursday, February 21, 2019 @ 9:50 AM

Chief justice’s remarks spark debate over mandatory pro bono for lawyers  Raymond Adlington

Canadian Bar Association (CBA) president Raymond Adlington says he does not agree with Chief Justice of Canada Richard Wagner that it would be “very good” if lawyers were required to do some free legal work in order to help alleviate court backlogs and improve the public’s access to justice. ... [read more]

Thursday, February 14, 2019 @ 1:44 PM

CRIMINAL CODE OFFENCES - Sexual offences, public morals, disorderly conduct and nuisances - Sexual offences

Appeal by the Crown from a judgment of the Ontario Court of Appeal affirming the acquittal of Jarvis. ... [read more]