Two stories last week, one involving an appeal and one about a case just getting underway, showcase another delaying tactic in the arsenal of the deep-pocketed litigant: reasonable apprehension of bias. The Ontario Court of Appeal released its judgment Friday in Ontario Provincial Police v MacDonald, 2009 ONCA 805, ruling on OPP Commissioner Julian Fantino's effort […]
Iacobucci on Historical Redress "If anything is to be done with the Indian, we must catch him very young," wrote N.F. Davin in an 1879 report commissioned by the Canadian federal government with the end of emulating the system of American Industrial Schools for natives. Unfortunately, the Canadian government followed Davin's wretched advice. Slaw's Omar […]
TheCourt.ca is pleased to present this piece from Professor Richard Haigh of Osgoode Hall Law School, commenting on the recent Supreme Court of Canada case, Alberta v Hutterian Brethren of Wilson Colony. For more of our commentary on this case, see here. For years, the Hutterites of Wilson Colony in Alberta were granted an exemption from […]
In September, Abousfian Abdelrazik filed a civil suit against federal government officials seeking damages for the violation of his s. 6 Charter rights. In Abdelrazik v Canada (Foreign Affairs), [2010] 1 FCR 267, Zinn J. of the Federal Court, in ordering the federal government to effect Mr. Abdelrazik’s return home after he had lived in […]
On Friday, the Supreme Court of Canada released judgment in the malicious prosecution case Miazga v Kvello Estate, [2009] 3 SCR 339, long-awaited by the parties involved as final resolution to the bizarre and heartbreaking judicial saga once termed Saskatchewan’s “Scandal of the Century.” The decision is also much-anticipated by my fellow editors at TheCourt.ca, […]
The only surprising thing about the recent Supreme Court of Canada ("SCC") decision in Quebec (Revenue) v Caisse Populaire Desjardins de Montmagny, [2009] 3 SCR 286 [CP Desjardins de Montmagny] is that the Quebec Superior Court ("QCSC") at first instance found in favour of the Crown in all three cases from which the appeals arose. The issue […]
Italian Judge Convicts CIA Officers in Rendition Trial Judge Oscar Magi of Court of Milan on Wednesday convicted 22 former CIA agents and a U.S. Air Force colonel on kidnapping charges for the 2003 "extraordinary rendition" of terror suspect Osama Moustafa Hassan Nasr. Jurist reports that the nearly three-year trial is the first in the […]
Last week, the Supreme Court of Canada ("SCC") released its decision in Galambos v Perez, [2009] 3 SCR 247, concerning the scope of a fiduciary duty. While TheCourt.ca has already provided a complete overview of the case in last year's comment on the British Columbia Court of Appeal's ("BCCA") decision, a brief recap is helpful. […]
TheCourt.ca is pleased to present this piece from John H. Currie, Associate Professor at the University of Ottawa's Faculty of Law, commenting on Canada (Justice) v Khadr. Our past discussion on the 2008 Khadr decision can be found here. On May 23, 2008, the Supreme Court of Canada released a judgment (Canada (Justice) v Khadr, [2008] […]
Offshore trusts have become an essential element of successful tax planning. Trusts are used as tax planning vehicles as they are considered a separate legal entity from the individual. Thus, the income and assets of the trust are excluded from the individual’s estate for tax purposes. A previously successful, but now uncertain, strategy had used […]