The mainstream media is abuzz with the Supreme Court of Canada’s decision, released last week, denying leave to appeal to Air Canada, Jazz Air LP v Canada (Canadian Transportation Agency), 2008 FCA 168 [Air Canada]. At issue in Air Canada was a policy decision of the Canadian Transport Agency ("Agency"), No. 6-AT-A-2008, commonly referred to as […]
“It is tragic but true that people working with the vulnerable sometimes abuse their positions and commit wrongs against the very people they are engaged to help.” In Evans v Sproule, 2008 CanLII 58428 (ONSC), Chapnik J. begins by quoting from the decision of McLachlin J. (as she was then) in Bazley v Curry, [1999] […]
Here at TheCourt.ca, we are usually concerned either with recent decisions of the Supreme Court of Canada ("SCC"), or with future cases of the SCC. However, we seldom take the time to look at how existing cases of the SCC are being interpreted by lower courts and the issues that arise in such situations. I […]
On Friday November 21, 2008 the Supreme Court of Canada ("SCC") released its 4-3 judgment awarding the appellants $30 million in Canadian National Railway Co v Royal and Sun Alliance Insurance Co of Canada, [2008] 3 SCR 453. This case involved a 14-year dispute between Canadian National Railway Co. ("CNR") and its group of property […]
At a time when York University and the University of Windsor have experienced disruptions due to labour disputes, it seems unusually timely that the Ontario Court of Appeal would deliver a resounding re-articulation of the right to collective bargaining as found in s. 2(d) of the Charter. On its face, the decision in Fraser v […]
The election of President-elect Barack Obama on November 4th was a euphoric moment for socially progressive American voters. The jubilation, however, was attenuated by the simultaneous passage of anti-gay legislation in four states. California, Arizona and Florida voted to ban same-sex marriages while, in a move targeting gays and lesbians, Arkansas banned unmarried couples from […]
On Thursday, November 20, 2008, the Supreme Court of Canada ("SCC") will release judgment in several applications for leave to appeal, including the case of Garratt v Orillia Power Distribution Corporation, 2008 ONCA 422, which involves the tort of negligence. On November 6, 2002, Lynda Garratt, the plaintiff, was driving under an overpass on Highway […]
On November 13, 2008, the Supreme Court of Canada ("SCC") heard Judy Ann Craig’s appeal of a judgment rendered against her by the British Columbia Court of Appeal ("BCCA"). Ms. Craig’s appeal was heard alongside R c Ouellette, 2004 CanLII 26616 (QCCQ) and R v KT Nguyen; R v NT Nguyen, 2007 BCCA 474, but […]
The Supreme Court of Canada dismissed application for leave to appeal on October 30, 2008 in Tsuu T’ina Nation v Bearchief 2008 ABCA 74 [Tsuu T’ina Nation]. Jakki Warkentin canvassed the facts of the case in her November 4, 2008 post, and therefore it is unnecessary to provide complete details again at this time. Instead, it […]
Hyperlinking (the practice of publishing a link to a webpage or file), introduced with it a number of legal questions regarding publication and copyright infringement when the practice became commonplace. In the United States, many of these issues were resolved in Ticketmaster v Tickets.com, 2003 US Dist LEXIS 6483, where the court found that the practice of […]