The Need for Deference: Assessing Preliminary Administrative Decisions Post-Dunsmuir - Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission), 2012 SCC 10

Last week, the Supreme Court of Canada (SCC) released its decision in Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission) ("Halifax"), 2012 SCC 10. Writing for a unanimous Court, Justice Cromwell held that the decision by the Nova Scotia Human Rights Commission to send a complaint to a board of inquiry for determination was […]

At the Court: The Homicide Common Sense Inference and Online Bullying

When it Comes to Homicide, What’s Common? The Supreme Court of Canada will have the opportunity to revisit the charges laid of Adrian John Walle, a developmentally delayed Calgarian (cf. R v Walle, 2010 ABCA 384) on April 13. The Court will decide whether the Alberta Court of Appeal was correct in applying the “common […]

Amici Curiae: Graham James Sentence, Coerced Adoptions, and the OCA’s Upcoming Decision on Prostitution Laws

Graham James Sentence Inspires Timely Debate on Sentencing The highly publicized sentencing of Graham James, a former junior hockey coach convicted of sexually assaulting two players that he coached as teenagers, including former NHLer Theo Fleury, has drawn strong reactions from commentators and victims and inspired timely debate regarding sentencing practices in Canada. James was […]

Baglow v Smith: The Sting of the Libel

Sometimes, some seemingly juvenile cases can lead to significant clarifications on areas of the law that have not kept up with our rapidly evolving world. Baglow v Smith, currently before the Ontario Court of Appeal is a prime example of one such case. The Tale of Two Blogs In Canada’s increasingly partisan and divided political […]

Credulous Consumers and ‘Strange Collections of Affirmations and Restrictions’: A Case Comment on Richard v. Time Inc.

Generally speaking, advertisers are in the business of making promises. Occasionally, it falls on courts to determine when businesses will be held to the promises they make, even if they had no intention of keeping them. In Leonard v. PepsiCo Inc., 88 F Supp 2d 116, a favourite of first year contracts students, the US […]

The Long Road to Same-Sex Marriages: Proposition 8 Revisited

The recognition of civil liberties for same-sex couples in the United States have stalled again. While many rejoiced when the 9th Circuit Court of Appeal found that Proposition 8 violates the Fourteenth Amendment to the United States Constitution, Proposition 8 Sponsors sought reconsideration by the panel on February 21st.  This move further delayed the re-legalization […]

SL c Commission Scolaire des Chênes: The Supreme Court Refuses to be Drawn into the Fray

Previously on TheCourt.ca: Ajit Singh's introductory piece on the appellate level decision and Christopher Hunter's view on the Supreme Court's decision in S.L., et al. v. Commission scolaire des Chênes, et al, 2012 SCC 7. In Canada today, one would not be surprised to hear a modern parent exclaim, “I don’t want the school system shoving […]

Appeal Watch: Leave Denied for B.C. Powerhouses and Gendreau

SCC Refuses to Hear B.C. Case Employing Mareva Injunction What relief is available to a party when the opposing party threatens to dissipate all of his assets before a judgement is rendered? In these circumstances, a party can ask the courts to impose what has come to be known as a Mareva injunction to restrain […]

Amici Curiae: Toronto Mayor Faces Legal Action, Bill C-10, and Big Tobacco Feels the Heat

A Coup de Ford Paul Madger brought an action forward in an effort to oust Mayor of Toronto, Rob Ford, from office on Monday (March 12). Madger alleges that Mayor Ford violated the Municipal Conflict of Interest Act (the Act). The case will appear in court on March 23. Madger, represented by constitutional lawyer Clayton […]

Merck Frosst Canada Ltd. v. Minister of Health – Part III

In Merck Frosst v. Canada, 2012 SCC 3, the forefront of the debate rests on the balance between commercial confidentiality and government transparency. In this 6-3 ruling, the Supreme Court of Canada (“SCC”) establishes a clear framework governing the disclosure of trade secrets, confidential information and commercially sensitive information filed with Health Canada for drug […]