Does the constitutional right to form a union and collectively bargain also extend to lawyers? Unfortunately for the legally curious, a case in Nova Scotia which would have answered this question has been dropped this week, leaving the question for another day. Fortunately for Crown Attorney's in Nova Scotia, on the other hand, the provincial […]
In Teck Cominco Metals Ltd v Lloyd’s Underwriters, 2009 SCC 11, the Supreme Court of Canada ("SCC") considered whether, in situations where proceedings on the same matter are commenced in both Canada and a foreign jurisdiction, the Canadian proceeding should be stayed once the foreign court asserts jurisdiction over the matter. TheCourt.ca staff writer Julian […]
More often then not, TheCourt.ca provides commentary on decisions of the Supreme Court of Canada ("SCC") or cases that the Court has granted leave to appeal. This post focuses on the plight of Donald Spindler, who is now 72 and was convicted of second degree murder in 2001. Spindler is applying for leave to appeal to […]
Last Friday, the Supreme Court of Canada ("SCC") delivered their decision in Teck Cominco Metals v Lloyd’s Underwriter’s, 2009 SCC 11. The private international law decision dealt with Teck Cominco’s attempt to have proceedings in British Columbia stayed because of an assertion of jurisdiction over the same matter in a U.S. Court. In a unanimous decision […]
Tammy Marie Marquardt has applied for leave to appeal to the Supreme Court of Canada ("SCC"). Her case will surely capture the attention of Canadians who have been following the inquiry into the work of Dr. Charles Smith, the disgraced pediatric forensic pathologist.
Today, the Supreme Court of Canada ("SCC") is hearing arguments in what could prove to be a sea change in defamation law. (For more background on the case see the January 20th, 2009 post from Eric Baum.) Background The appellants in this case, the Ottawa Citizen, are arguing that the Supreme Court’s past decisions, denying the […]
On January 6, two men, Winston Blackmore and James Oler from the controversial polygamist community of Bountiful, BC were charged with practicing polygamy under s. 293 of the Criminal Code, RSC 1985, c C-46. Blackmore's lawyer, Blaire Suffredine, has announced very publicly that he intends to challenge the controversial provisions of the Code as a violation […]
Following on the heels of last month's Supreme Court of Canada ("SCC") decision in Lipson v Canada, 2009 SCC 3 [Lipson], Quebec's Finance Ministry has announced plans to implement further legislative measures to curb aggressive tax planning. Its Working Paper on Aggressive Tax Planning (Document de consultation des planifications fiscales agressives) can be found here. Among its […]
This month marks the tenth anniversary of the Supreme Court of Canada's ("SCC") decision in R v Ewanchuk, [1999] 1 SCR 330. The Ewanchuk case is significant for defining the law of consent in Canada. It is also remembered due to the ensuing controversy between Justice John McClung of the Alberta Court of Appeal and Justice […]
Last Thursday, the Supreme Court of Canada ("SCC") released their decision in DesRochers v Canada (Industry), 2009 SCC 8 [DesRochers]. In it, the top court opines on the nature and scope of the obligations placed on federal government institutions by the Official Languages Act, RSC 1985, c 31 (4th Supp) [OLA]. Facts Industry Canada has economic development […]