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Supreme Court of Canada

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Friday, July 05, 2019 @ 3:35 PM

RECOGNIZANCES AND UNDERTAKINGS - Recognizance to keep the peace or peace bond

Appeal by the Prosecution from a judgment of the Newfoundland and Labrador Court of Appeal setting aside a decision granting the declaratory relief sought by the Prosecution. ... [read more]

Friday, July 05, 2019 @ 3:01 PM - Last Updated: Friday, July 05, 2019 @ 3:51 PM

SCC rules Criminal Code’s bail rules enable courts to compel peace bond defendants to appear Malcolm Rowe

The Supreme Court of Canada has ruled unanimously that the Criminal Code’s bail provisions — and by necessary implication the power to arrest — are applicable, “with necessary modifications,” to defendants facing peace bond applications. ... [read more]

Friday, June 28, 2019 @ 5:40 PM

SCC rules that sexual history with accused not admissible for defence’s bare claim of ‘context’ Andromache Karakatsanis

Stressing that the admission of sexual history evidence must be carefully circumscribed, the Supreme Court of Canada has provided additional guidance on when evidence of a sexual assault complainant’s other sexual interactions, including with the accused, may be admissible under the so-called “rape shield” provisions in s. 276 of the Criminal Code. ... [read more]

Friday, June 28, 2019 @ 1:48 PM

EVIDENCE - Admissibility - For limited purpose - Relevancy - Witnesses - Credibility

Appeal by Goldfinch from a judgment of the Alberta Court of Appeal setting aside his acquittal. ... [read more]

Thursday, June 27, 2019 @ 1:59 PM

ADMINISTRATION AND ENFORCEMENT - Disclosure of information

Appeal from a judgment of the Quebec Court of Appeal affirming a decision that dismissed a motion brought by DGGMC Bitton Trust’s sole trustee, the appellant, to quash a formal demand sent by the Agence du revenu du Québec (ARQ) for information and documents pursuant to s. 39 of the Quebec Tax Administration Act (TAA). ... [read more]

Thursday, June 27, 2019 @ 12:39 PM - Last Updated: Thursday, June 27, 2019 @ 3:49 PM

SCC okays Quebec tax officials’ production demand to Alberta bank branch whose customer is under audit Justice Malcolm Rowe

The Supreme Court of Canada has unanimously upheld the validity of a formal production demand, under Quebec’s tax administration law, for banking records at an Alberta bank branch where there is an account for a customer that is being audited by the Quebec Revenue Agency (QRA) to determine whether the customer owes taxes in Quebec. ... [read more]

Friday, June 21, 2019 @ 8:46 AM

Chief Justice Wagner says mental illness in legal profession should be talked about openly, not stigmatized Richard Wagner

Canada’s top judge says judges and lawyers with mental illness must be supported by their professional colleagues and not shamed, stigmatized or excluded. ... [read more]

Thursday, June 13, 2019 @ 9:09 AM

Does arbitration trump A2J? Answer coming from SCC food_delivery_sm

On May 23, 2019, the Supreme Court of Canada granted leave to appeal from the landmark decision of the Ontario Court of Appeal in Heller v. Uber Technologies Inc. 2019 ONCA 1. In that case, the Court of Appeal allowed a class action to proceed and refused to give effect to an arbitration clause that would have forced UberEats drivers in Ontario to arbitrate their claims, in the Netherlands, under Dutch law. ... [read more]

Tuesday, June 11, 2019 @ 1:27 PM

Justice Abella to receive inaugural U of T Distinguished Alumni Award

Supreme Court of Canada Justice Rosalie Silberman Abella will receive the University of Toronto’s prestigious Rose Wolfe Distinguished Alumni Award for 2019. ... [read more]

Tuesday, June 11, 2019 @ 11:00 AM

Broad changes coming to directors’ duties: Part one compliance_directors_sm

Significant amendments to the Canada Business Corporations Act (CBCA) proposed in the federal government’s omnibus budget implementation bill would expand upon and codify into statute some of the principles relating to directors’ duties set out in the landmark Supreme Court of Canada decision BCE Inc. v. 1976 Debentureholders 2008 SCC 69. ... [read more]