Normal 0 There is a somewhat peculiar fact pattern in the case of IBM Canada Limited v Waterman, 2013 SCC 70. It led to an unusual outcome, to the benefit of the respondent-plaintiff, in which the Court expanded the boundaries of flexible damage awards. The decision also enunciates important principles regarding pension entitlements and age […]
In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]
Late last month, the Attorney General of Canada filed its written arguments for the upcoming Nadon Reference. In an earlier post, and an article written with Professor Carissima Mathen, I addressed some of the problems with the AG’s interpretation of s. 6 of the Supreme Court Act. Neither piece, however, gets into the constitutional issues. […]