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Supreme Court of Canada

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Wednesday, December 20, 2017 @ 1:58 PM

NEGLIGENCE - Duty and standard of care - Duty of care - Causation

Appeal from a judgment of the Ontario Court of Appeal affirming a decision awarding to Livent Inc. $84,750,000 in damages against its auditor Deloitte & Touche (Deloitte). ... [read more]

Monday, December 18, 2017 @ 12:26 PM

Supreme Court extends protection against employment-related discrimination Eugene Meehan

The Supreme Court has broadened protection from discrimination in the workplace beyond harassment perpetrated by a supervisor to include co-workers, even if they have different employers. In British Columbia Human Rights Tribunal v. Schrenk 2017 SCC 62, the court held that B.C.’s Human Rights Code (Code) “prohibits discrimination against employees whenever that discrimination has a sufficient nexus with the employment context.” ... [read more]

Monday, December 18, 2017 @ 9:03 AM

Privilege may apply to documents from which legal advice may be inferred

Deciding whether to claim privilege over documents is often a judgment call. This is certainly the case with documents that on their face appear to be innocuous but that allow opposing counsel to infer the substance of legal advice that has been sought or given. ... [read more]

Friday, December 15, 2017 @ 5:35 PM

Retired chief justice says Quebec secession ‘one of most challenging’ cases of career

The Constitution guarantees judicial independence, but the strongest guarantee lies in the ongoing support of Canadians, Beverley McLachlin says. At her last Parliament Hill news conference Dec. 15, the Supreme Court’s newly retired chief justice was asked what safeguards Canada can put in place to avoid the fate of countries where the independence of the judiciary and the rule of law are being threatened or assailed. ... [read more]

Friday, December 15, 2017 @ 12:56 PM

DISCRIMINATION - Context - Workplace discrimination

Appeal by the British Columbia Human Rights Tribunal (Tribunal) from a judgment of the British Columbia Court of Appeal setting aside the judgment that affirmed a decision of the Tribunal concluding that it had jurisdiction to deal with Sheikhzadeh-Mashgoul’s complaint. ... [read more]

Friday, December 15, 2017 @ 6:46 AM

Tributes roll in for Chief Justice McLachlin’s remarkable career as judge, leader and role model Group small

Supreme Court of Canada Chief Justice Beverley McLachlin was feeling the love, and no wonder. ... [read more]

Thursday, December 14, 2017 @ 4:25 PM

SCC clarifies proprietary estoppel in novel B.C. estates dispute Benjamin Arkin

The Supreme Court has liberalized the test for — and expanded the scope of — proprietary estoppel in a B.C. estates case involving a bitter dispute between two brothers and their older sister. ... [read more]

Thursday, December 14, 2017 @ 2:47 PM

INTERESTS IN LAND - Proprietary estoppel claims

Appeal by Cowper-Smith from a judgment of the British Columbia Court of Appeal which overturned the trial judge’s conclusion that he was entitled to purchase his sister’s interest in their mother’s house on the basis of proprietary estoppel. ... [read more]

Wednesday, December 13, 2017 @ 7:03 AM

Good advocacy ‘exceptionally’ important to Supreme Court’s incoming judge Martin Sheilah Martin and Anthony Housefather

Litigators take note: the Supreme Court of Canada’s latest nominee says she sets great store by incisive legal advocacy that helps her to do her job. ... [read more]

Tuesday, December 12, 2017 @ 10:48 AM - Last Updated: Tuesday, December 12, 2017 @ 12:33 PM

PM respects tradition of alternating top judges between Quebec and rest of Canada, names Wagner the SCC’s new chief justice Beverley McLachlin and Richard Wagner

Prime Minister Justin Trudeau has named Justice Richard Wagner — the top court’s senior Quebec puisne judge — as the 18th chief justice of Canada, succeeding Beverley McLachlin on Dec. 18. ... [read more]