Today, the Supreme Court of Canada ("SCC") will release judgment in Gibbens v Co-operators Life Insurance Company, 2008 BCCA 153, an interesting case hinging on the proper interpretation of an insurance policy. I concede that issues surrounding insurance law may not seem terribly interesting at first rub, but the respondent’s extraordinary circumstances give rise to a […]
In Northrop Grumman Overseas Services Corporation Corporation v Canada, [2009] 3 SCR 309, the Supreme Court of Canada ("SCC") planted the legal equivalent of the classic "No Standing" street sign in the grave of Northrop Overseas' complaint against Public Works. Like its street sign equivalent, standing is a mode of regulating traffic into forums such […]
Despite TheCourt.ca having visited R v Grant several times, commenting on the appellate decision, its application in R v Harrison, and post-Grant jurisprudence, there has been little discussion of the actual decision itself, other than my colleague's excellent critique of the majority's new test. As the facts of Grant have been laid out before, we […]
Different courts take different approaches to the law. While the extent to which varying judicial perspectives on the interpretation of the law lead to dissimilar substantive results is difficult to quantify, the task of analyzing patterns in judgements offers the promise of a deeper understanding of judicial decision-making. In the US, the Ninth Circuit Court […]
A little over a week ago, the Supreme Court of Canada released its long-awaited decisions in Plourde v Wal-Mart Canada Corp, [2009] 3 SCR 465 [Plourde], and Desbiens v Wal-Mart Canada Corp, [2009] 3 SCR 540 [Desbiens] (the Wal-Mart decisions). As with most Labour cases, reaction will largely depend on which side of the ideological divide one sits: many employers […]
Just Call Me Chief Chief Justice Beverley McLachlin sat down for a fireside chat with TVO's Steve Paikin this week. Asked how she should be addressed, McLachlin noted, in the first of several light-hearted moments, that "most people call me Chief." (Paikin apparently missed the memo directing counsel to stop calling the justices "my lord" or "my […]
Last Friday (November 27, 2009,) the Supreme Court of Canada ("SCC") granted leave to appeal in Gavrila c Canada (Ministre de la Justice), 2009 QCCA 1288 [Gavrila]. The case will be heard together with the appeal in Nemeth c Canada (Ministre de la Justice), 2009 QCCA 99. Thus, on January 13, 2010, Tiberiu Gavrila will have […]
Tender law has been determined more by common law than legislation. Four Supreme Court of Canada ("SCC") cases form the basis of tender law in Canada: The Queen (Ont) v Ron Engineering, [1981] 1 SCR 111, MJB Enterprises Ltd v Defence Construction (1951) Limited, [1999] 1 SCR 619 [MJB Enterprises], Martel Building Ltd v Canada, […]
On August 27 of this year, the Supreme Court of Canada granted leaved to appeal in Kerr v Baranow, 2009 BCCA 111, a family law case concerning the application of the equitable doctrine of resulting trust. In this case, the parties commenced their common-law relationship in 1981, when Ms. Kerr was in a financial crisis due […]