On July 26th, the Supreme Court of Canada ("SCC") released their decision in Euro-Excellence Inc. v Kraft Canada Inc., [2007] 3 SCR 20 [Kraft Canada]. We here at The Court first looked at this case back on May 10, where Jakki Warkentin looked at the consequences of allowing authorized exclusive distributors to use copyright as a […]
On Friday, July 27, 2007, the Supreme Court of Canada ("SCC") released the much anticipated decision in the case of Syl Apps Secure Treatment Centre v BD, [2007] 3 SCR 83. The SCC considered whether a new duty of care should be imposed on a treatment centre and its social workers to the family members […]
In the past few years, the Supreme Court of Canada ("SCC") seems to have been drifting aimlessly without a well-defined criminal justice destination. Many speak fondly of the bold and innovative approach the SCC adopted in the early 1990's to champion the right to be left alone, but in recent years the SCC has exchanged […]
Tomorrow, Friday, July 27, the Supreme Court of Canada ("SCC") will be rendering judgment in Syl Apps Secure Treatment Centre v BD, [2007] 3 SCR 83 [Syl Apps]. Syl Apps was first discussed here at The Court by Julian Ho in his May 3 post. The case involves a novel question of law which merits our refocused […]
Back on June 28, 2007, the Supreme Court of Canada ("SCC") denied leave to appeal in the case of United States Postal Service v Canada Post Corporation, 2005 FC 1630. Here’s a link to Clark Wilson LLP’s trademark law blog coverage of the implications of the decision - effectively that since the SCC has decided not […]
On July 12, 2007, the Supreme Court of Canada ("SCC") released a judgment dealing with the jurisdiction of the Federal Court in relation to s. 160 of the Income Tax Act, RSC 1985, c 1 (5th Supp), pursuant to tax liability issues. Canada v Addison & Leyen Ltd., [2007] 2 SCR 793 is an appeal […]
In 1977 Parliament introduced a number of far-reaching amendments to the Criminal Code, RSC, 1985, c C-46 as part of a "gun control" scheme aimed at, among other things, reducing firearm-related crime. Significant among these changes was section 85(1) which provided that the use of a firearm while committing certain indictable offences should carry a mandatory […]
Last Friday, the Supreme Court of Canada ("SCC") released Dell Computer Corp. v Union des consommateurs, [2007] 2 SCR 801 [Dell], a major case which has implications on topics ranging from private international law to the ability of arbitrators to rule on the extent of their own jurisdictions. More notably, released alongside its companion case, Rogers […]
To follow up on Julian Ho's blog of Thursday, July 22, entitled, "Jane Doe v Alberta: What about the interests of the child?," the Supreme Court of Canada dismissed Jane Doe's application for leave to appeal. This ruling affirms the judgment of the Alberta Court of Appeal in refusing to recognize a contract between the […]
Both the majority and dissent in two cases on arbitration clauses that came out of the Supreme Court of Canada ("SCC") on Friday, July 13 make statements in obiter to the effect that the class action is not a public order institution of Canadian law. Ironically, when the Dell Computer Corp. v Union des consommateurs, [2007] […]