Focus On

Supreme Court of Canada


Friday, March 27, 2020 @ 5:46 PM

SCC rules momentary excessive speeding on its own can be mens rea for dangerous driving Justice Sheilah Martin

The Supreme Court of Canada has affirmed that brief excessive speeding can amount to dangerous driving, in upholding the conviction of a B.C. man who killed another driver by accelerating to 140 km/h into a major Vancouver intersection. The top court split 4-1 March 27 to maintain the decision of the B.C. Court of Appeal in R. v. Chung 2019 BCCA 206, which overturned Ken Chung’s acquittal at a 2018 judge-alone trial, and substituted a conviction for dangerous driving causing death: R. v. Chung 2020 SCC 8. ... [read more]

Friday, March 27, 2020 @ 12:48 PM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Offences relating to conveyances - Criminal negligence - Causing death

Appeal by Chung from a judgment of the British Columbia Court of Appeal overturning his acquittal on charges of dangerous driving causing death. ... [read more]

Thursday, March 26, 2020 @ 4:57 PM

SCC to hear Toronto’s Charter challenge to Ford government’s downsizing of city council

The Supreme Court of Canada has agreed to hear Toronto city council’s challenge to the Ontario government’s controversial downsizing of the number of Toronto city wards in the midst of the 2018 municipal election. On March 26, the top court granted the city leave to appeal the Ontario Court of Appeal’s 3-2 decision last year which upheld the constitutionality of the Better Local Government Act, 2018 (Bill 5): Toronto (City) v. Ontario (Attorney General) 2019 ONCA 732. ... [read more]

Wednesday, March 25, 2020 @ 4:45 PM

SCC cancels scheduled spring session; appeal hearings might still proceed in June

Citing the risks posed by COVID-19, the Supreme Court of Canada has cancelled all the hearings it had scheduled for April and May, and is tentatively rescheduling those appeals to June 2020. ... [read more]

Friday, March 20, 2020 @ 5:36 PM

SCC sets new test, high bar on defence, for proving judges’ verdict deliberations were unduly delayed Michael Moldaver

In a groundbreaking decision which holds that undue delay by trial judges in rendering verdicts does not count toward Jordan’s 18-month and 30-month trial delay ceilings, the Supreme Court of Canada has set a high threshold for defence claims that a judge breached an accused’s s. 11(b) Charter right to trial within a reasonable time by taking too long to render a verdict. ... [read more]

Friday, March 20, 2020 @ 2:07 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Procedural rights - Trial within a reasonable time

Appeal by KGK from a judgment of the Manitoba Court of Appeal refusing his appeal of a judgment that dismissed his motion for a stay of proceedings based on violation of his rights under s. 11(d) of the Canadian Charter of Rights and Freedoms (Charter) to be tried within a reasonable time. ... [read more]

Tuesday, March 17, 2020 @ 1:52 PM

SCC postpones March hearings, but leaves filing deadlines intact for now

The Supreme Court of Canada has announced that it is postponing hearings in March, but for now the filing deadlines for appeals and the hearings scheduled for the spring session, remain in place. ... [read more]

Friday, March 13, 2020 @ 5:38 PM

SCC affirms that forward contract was hedge; taxpayer’s intention is determined objectively Rosalie Silberman Abella

In a tax case of note to those engaged with the country’s multitrillion-dollar derivatives market, the Supreme Court of Canada has established a test for deciding whether a derivative instrument is a “hedge” for purposes of determining the income tax treatment of gains or losses. ... [read more]

Friday, March 13, 2020 @ 1:49 PM

FEDERAL INCOME TAX - Capital gains and losses - Allowable capital losses

Appeal by MacDonald from a decision of the Federal Court of Appeal holding that Cash Settlement Payments made by MacDonald under a forward contract were capital losses and not income losses, and therefore not deductible on his tax return against income from other sources. ... [read more]

Thursday, March 12, 2020 @ 1:52 PM

SCC missed chance to review ‘new approach’ by Federal Court of Appeal in pipeline case: lawyer Chris Tollefson

Chris Tollefson hoped the Supreme Court of Canada would have heard an appeal from his client, the Federation of British Columbia Naturalists (BC Nature), which was denied leave last September by the Federal Court of Appeal in its challenge of the federal cabinet’s approval of the Trans Mountain pipeline expansion project. ... [read more]