What do you do when a foreign state knocks on your door requesting the extradition of individuals facing criminal charges back home? If Karlheinz Schreiber comes to mind, then your answer might be, "No sweat, send him packing." But the fact that Jószef Németh and his wife, Jószefne Németh, were Roma refugees living in Canada […]
In the late 1990s, the New Westminster diocese ("territory") of the Anglican Church of Canada ("ACC") convened a synod ("council") in order to consider the question of whether clergy ought to bless same-sex unions. In 1998, the Diocese decided to permit, though not require, clergy to perform liturgical blessings for same-sex couples. In 2002, the […]
Newspapers once again find themselves on the losing side of libel suits. On July 13, 2010, in Flood v. Times Newspaper Ltd. [2010] EWCA Civ 804 (“Flood”), the England and Wales Court of Appeal (Civil Division) (“EWCA”) overturned the trial decision and held that a newspaper was unable to claim qualified privilege for online reporting […]
A Most Expensive ticket A speeding ticket might not be collected through just a monetary fine anymore—instead, a speeding vehicle may actually be seized and resold on the market. This scenario might seem unbelievable to the public, but remains enforceable under British Columbia’s beefed-up Civil Forfeiture Act, which was amended in 2008. On Sept 27th, two men in […]
The Supreme Court of Canada ("SCC") has ushered in a new generation of land claims deals. Like an annual checkup at an overworked General Practitioner’s office, these land claims deals are formal, brisk, and to the point – and if you miss the meeting, you are charged a small, yet potentially aggravating, stipend. Beckman v Little Salmon/Carmacks […]
The tragic case of a father killing his estranged family, then himself, underlies the Supreme Court of Canada’s ("SCC") recent decision in de Montigny v Brossard (Succession), [2010] 3 SCR 64. In this case, the SCC allowed punitive damages in the absence of a deterrent effect. This case marks a turning point in how courts […]
Last month, the Federal Court of Appeal, in Antle v Canada, 2010 FCA 280 [Antle 2010], upheld the Tax Court of Canada decision in Antle v. The Queen, 2009 TCC 465 [Antle 2009], finding that an offshore spousal trust was not valid. Both courts agreed that the primary purpose of the spousal trust was to […]
The Supreme Court of Canada ("SCC") has granted leave to appeal in R v Bacon, 2010 BCCA 135, a case in which an accused British Columbia man says that his Charter rights were violated by police who found drugs and weapons in his house and car. The decision will be of significance as it will […]
New and Improved: Recent Canadian Law Firm Mergers Recent weeks have seen two major mergers involving Canadian firms. First, Lang Michener LLP merged with McMillan LLP in a move creating a new national heavyweight. One week later, Montreal-based Ogilvy Renault LLP merged with Britain’s Norton Rose LLP, turning the firm into what is arguably Canada’s […]
The Supreme Court of Canada ("SCC") has released its decision in NIL/TU,O Child and Family Services Society v BC Government and Service Employees' Union, [2010] 2 SCR 696 [NIL/TU,O]. TheCourt.ca had first brought the British Columbia Court of Appeal case to light nearly two years ago here. In its judgment, released November 4, the SCC re-visited the test […]