On February 1st, 2008, Justice Binnie granted five organizations leave to intervene in R v Suberu, 2007 ONCA 60, a criminal law case that will force the Supreme Court of Canada ("SCC") to further define the boundaries of investigative detention. The participation of these organizations will likely assist the SCC in understanding the broader implications […]
On February 7, 2008, the Supreme Court of Canada ("SCC") granted leave to appeal to Matt Miazga from the Saskatchewan Court of Appeal's finding of liability for the tort of malicious in the decision Miazga v Kvello Estate, 2007 SKCA 57. The SCC correspondingly dismissed the application for leave to appeal the decision in the […]
The rise of human rights obligations and, in particular, the emergence of the duty to accommodate, has become the single most significant workplace legal development over the past twenty years. What was once a one-way street of settled prerogatives belonging largely to the employer has become, after the human rights tipping point in the early […]
Crime doesn't pay, but should criminals serving time get paid? No, according to a Supreme Court of Canada judgment, British Columbia v Zastowny, [2008] 1 SCR 27. Writing for a unanimous court, Rothstein J. held that "a person is not entitled to compensation for periods of unemployment due to incarceration for conduct which the criminal law […]
The Supreme Court of Canada ("SCC") released its decision in British Columbia v Zastowny, [2008] 1 SCR 27, this morning. The judgment, written by Rothstein J. for a unanimous Court, deals with the issue of when, if ever, an individual may be awarded damages for past wages lost due to his or her incarceration. Rothstein J. […]
The Supeme Court of Canada ("SCC") released its judgment this morning in the case of Attorney General of British Columbia v Insurance Corporation of British Columbia, [2008] 1 SCR 21. LeBel J., writing for a unanimous Court, determined that where joint and several liability for damages in tort is assigned to two or more parties, […]
Since the advent of the Canadian Charter of Rights and Freedoms ["Charter"], impaired driving jurisprudence has developed into a complex labyrinth of exceptions. The Targeting Violent Crime Act, Bill C-2, has recently been drafted by Parliament, and parts of the bill appear to have the effect of narrowing this wide expanse of case law significantly. […]
Last Thursday, the Supreme Court of Canada ("SCC") approved leave to appeal in Kerry (Canada) Inc v DCA Pension Committee, 2007 ONCA 416, a case dealing with the scope of acceptable use for pension plan surpluses. In particular, the case considers the use of surplus funds in two scenarios: to pay for the expenses of […]
On January 31st the Supreme Court of Canada ("SCC") granted leave to appeal in Kerry (Canada) Inc v DCA Pension Committee, 2007 ONCA 416, a case which asks the SCC to determine the appropriate conduct of employers managing employee pension funds. This case will be watched closely by employee-groups and employers alike; however, it will […]
On January 23, 2008, the Supreme Court of Canada ("SCC") heard the case Saulnier v Royal Bank of Canada, [2008] 3 SCR 166. on appeal from the Nova Scotia Court of Appeal, 2006 NSCA 91 . This bankruptcy law case (which has been discussed by Brad Caldwell at TheCourt.ca on January 23, 2008 in a post […]