Ontario housing activists were disappointed by a December ruling from the Ontario Court of Appeal. In a 2-1 decision, the court decided that the pleadings in Tanudjaja v Canada, 2014 ONCA 852 [Tanudjaja], did not present the bench with a justiciable issue, upholding a lower court decision to strike the application. The application had asked the court […]
On January 14, 2015, the Supreme Court of Canada (“SCC”) heard oral arguments for the case Her Majesty the Queen v Jason Rodgerson [Rodgerson] regarding: firstly, whether or not the majority of the Ontario Court of Appeal (“ONCA”) in R v Rodgerson, 2014 ONCA 366 [Rodgerson, ONCA] erred in law by finding reversible error in […]
On September 16, 2014, the Ontario Court of Appeal ("ONCA") released its decision in Rankin Construction Inc v Ontario, 2014 ONCA 636 [Rankin]. In the decision, Justice Hoy helps to clarify the law of tender by addressing non-compliant bids and the use of exculpatory clauses.
In Meady v Greyhound Canada Transportation Corp, 2015 ONCA 6, the Ontario Court of Appeal upheld a trial judge’s decision to disallow evidence from two experts. The appeal arose from a Greyhound bus accident that occurred in Northern Ontario in December 2000. The appellants in this case are passengers who chose to sue the respondents: […]
In Union Carbide Canada Inc v Bombardier Inc, [2014] 1 SCR 800 [Union Carbide], the Supreme Court of Canada (“SCC”) clarified the interaction between settlement privilege and confidentiality clauses in mediation contracts. In particular, the SCC determined that a properly drafted confidentiality clause could exclude one of the exceptions to settlement privilege.
On November 14, 2014, the Supreme Court of Canada rendered its oral judgment in British Columbia Teachers' Federation v British Columbia Public School Employers' Association, 2014 SCC 70 [BC Teachers], overturning the British Columbia ("BC") Court of Appeal and affirming an arbitrator's finding of discrimination against birth mothers. The case hinged on the determination of whether parental leave […]
The Supreme Court has recently given leave to appeal the decision in Kanthasamy v the Minister of Citizenship and Immigration, 2014 FCA 113. In that case Mr. Kanthasamy had appealed the Federal Court’s dismissal of his application for judicial review on the Minister’s denial of his application for humanitarian and compassionate relief as provided for […]
This is the second part of a two-part series discussing the Supreme Court of Canada’s decision in R v Buzizi. Part II will address the application of the test for air of reality and the role of the trial judge in applying the test for air of reality. Part I addressed the analysis of both […]
This is the first part of a two-part series discussing the Supreme Court of Canada’s decision in R v Buzizi. Part I will address the analysis of both the majority and dissenting opinions with respect to the defence of provocation. Part II will address the application of the test for air of reality and the […]
On January 14, 2015, the Supreme Court of Canada will hold a hearing for the appeal of R v Rodgerson, 2014 ONCA 366. In the criminal law context, triers of fact can use post-offence conduct as evidence of certain facts in issue. For example, the evidence of an accused fleeing from a scene of an […]