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Wang: Read the contract

On August 23, 2007, the SCC dismissed an application for an extension of time to apply for leave to appeal in the case of Danian Wang v. Her Majesty the Queen in Right of the Province of British Columbia as Represented by British Columbia Ministry of Advanced Education Student Service Branch (B.C.). In doing so, […]

SCC Fall Preview

As those of us at Osgoode, students and professors, gear up for another busy Fall semester, we would do well to note that the Supreme Court is also preparing for the start of their regular Fall Session. After enjoying a relatively light summer schedule, the SCC’s Fall schedule is anticipated to begin on October 9th. […]

The Acquittal of Steven Truscott

Forty years ago the Supreme Court of Canada refused to intervene in the case of Steven Truscott (see Reference re R. v. Truscott, [1967] 2 C.C.C. 285). The case came before that Court not as an appeal but on a Reference. The Reference was ordered in response to public concerns regarding Truscott's 1959 murder conviction […]

Merk: Protection for Whistleblowers

Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771, [2005] 3 S.C.R. 425, 2005 SCC 70, an appeal from the Court of Appeal for Saskatchewan, is an older case that deals with labour law "whistleblowing" and the definition of "lawful authority" in relation to the Labour Standards Act, R.S.S. 1978, […]

A Polygamy Primer

The debate over the Criminal Code’s polygamy provisions is almost as old as the provisions themselves. Now, British Columbia’s Attorney General says he is considering a reference to the B.C. Court of Appeal to determine the provisions’ constitutionality. Regardless of the outcome there, experts say the matter will soon wind up in the Supreme Court […]

Banks: The Criminalization of Poverty?

Today, Thursday August 23, the Supreme Court intends to deliver judgment in an application for leave that, however decided, is sure to provoke considerable controversy. The case, David Banks, et al. v. Her Majesty the Queen (31929), concerns an appeal by a group of homeless men convicted of panhandling offences under sections of Ontario's Safe […]

The (Mis)Use of Common Elements: London Condominium Corp. No. 13 v. Awaraji

On Thursday, August 23rd, the SCC will render judgments in several applications for leave to appeal including London Condominium Corp. No. 13 v. Awaraji, an application regarding restrictions of particular interest to exclusive use common elements in condominiums. Specifically, this leave application considers the standard for the enactment of rules which restrict the common law […]

Canadian Turkey Marketing Agency: Leave to Appeal Denied

As the summer months wind down, I can’t help but look forward to the upcoming fall season and its requisite Thanksgiving Day holiday. Though I am currently enjoying many burgers, wings, and ribs from summer barbecues, I would be greatly saddened if the venerable Thanksgiving turkey dinner was ever threatened. It is with this eye […]

Root: Malicious Prosecution Gets its Day in Court?

In the 1989 landmark case of Nelles v. Ontario, [1989] 2 S.C.R. 1, the Supreme Court questioned the value of an absolute immunity for Crown Prosecutors and Attorneys General from civil actions for malicious prosecution. Reversing a strongly deferential approach to prosecutorial discretion, the SCC determined that such absolute immunity was not justified, for it […]