Canadian law students are reminded of their imperial heritage in the many cases they study from the "House of Lords." The House of Lords as a judicial institution actually ceased to exist in 2009. The Appellate Committee of the House of Lords, as it was formally known, has been replaced by the new United Kingdom […]
Normal 0 Colleges and universities should take note of recent Ontario court rulings, and exercise due care in what they print in their course descriptions. Students are entitled to rely on the Consumer Protection Act (CPA). They can in principle sue a college or university for damages if a program of study is misrepresented. Last […]
In Ontario v Criminal Lawyers’ Association of Ontario, 2013 SCC 43 [Ontario v CLA], the Supreme Court of Canada (SCC) held, in a 5:4 decision, that without legislative authority or a constitutional challenge, the jurisdiction to appoint amici curiae does not allow the court to assign what financial remuneration they will receive from the […]
I: The Ethos of De Facto Expropriation Statutory schemes across Canada, such as Ontario’s Expropriations Act, RSO 1990, c E.26, provide that if the state directly expropriates private property, it must compensate the erstwhile owner of that property. It has long been recognized, however, that state regulation of private property that has the effect of eliminating […]
Normal 0 Normal 0 Normal 0 Normal 0 The tangled case of Nishi v. Rascal Trucking Ltd., 2013 SCC 33, is a classic example of the complicated conflicts that can occur when people mix business dealings with personal friendships. The unanimous decision of the court appears to reaffirm the doctrine of purchase money resulting trust. […]