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Supreme Court of Canada

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Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Wednesday, March 24, 2021 @ 8:43 AM

Gifts to adult children: Presumption of resulting trust Adult handing a key to a child

Adding a child on title to a property or as a joint account holder on a bank account is a common estate planning tool used by many with the goal and intention of hoping to avoid the delay in the administration of estates as a result of probate and also the estate administration taxes that arise when submitting an application for a certificate of appointment of estate trustee. ... [read more]

Wednesday, March 17, 2021 @ 9:27 AM

Toronto argues council reduction violated principles of democracy, free speech at SCC hearing Justice Malcolm Rowe

The Ontario government violated unwritten constitutional principles of democracy when it brought in legislation to change the composition of the Toronto's municipal council in the middle of an election, the City argued before the Supreme Court March 16 as part of the latest skirmish in a legal battle which has lasted over two years. ... [read more]

Monday, March 15, 2021 @ 2:37 PM

Supreme Court unveils new heraldic emblems Chief Justice Richard Wagner

The Supreme Court now has a new coat of arms, flag and badge aimed at visually expressing its role and traditions. The unveiling of the new heraldic emblems took place March 15 at a small ceremony with Chief Justice Richard Wagner and Canada’s chief herald Samy Khalid. ... [read more]

Friday, March 12, 2021 @ 1:17 PM

APPEALS - Grounds - Unreasonable verdict - Powers of appellate court - Stay of proceedings - Substitution of verdict

Appeal by the Crown from a decision of the Ontario Court of Appeal that quashed the respondent RV’s convictions for sexual interference and invitation to sexual touching, entered verdicts of acquittal, and upheld RV’s acquittal for sexual assault. ... [read more]

Friday, March 05, 2021 @ 2:17 PM

PROCEDURE - Jury - Challenges for cause - Empanelling - Appeals - Powers of appellate court

Appeal by the Crown from a judgment of the Ontario Court of Appeal that set aside the convictions of two accused for terrorism offences and ordered a new trial. ... [read more]

Monday, March 01, 2021 @ 1:23 PM

Denial of leave in Internet case ‘puts us one step closer’ to affordable rates, industry rep says

A number of players in Canada’s telecommunications industry are hailing the Supreme Court’s decision not to hear an appeal of the decision by the Canadian Radio-television and Telecommunications Commission (CRTC) to lower the wholesale Internet rates large carriers charge their smaller competitors. ... [read more]

Thursday, February 25, 2021 @ 8:29 AM

Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP Top Ten on a pedestal

What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Friday, February 05, 2021 @ 2:35 PM

Supreme Court Prime: Same day verdict delivery | Marcel Strigberger

The Supreme Court of Canada has been doing an increased number of quickies. ... [read more]

Friday, February 05, 2021 @ 2:12 PM

PERFORMANCE AND DISCHARGE – Performance - Good faith

Appeal by Wastech Services Ltd. (Wastech) from a judgment of the British Columbia Court of Appeal that dismissed its appeal from a decision that set aside an arbitration award in its favour. ... [read more]