It’s not often that nation-wide securities judgments are issued in Canada. Securities regulation in Canada is polycentric in nature, such that each province is governed by its own legislation and securities commission. The Supreme Court of Canada (“SCC”) decision of Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, [Thera] is interesting because – although […]
Ass'n des parents de l'école Rose-des-vents v. British Columbia, 2015 SCC 21 [Rose-des vents] opens up a new series of questions surrounding minority language education rights guaranteed under Section 23 of the Charter. Section 23 guarantees minority language rights holders the right to have their children receive primary and secondary school instruction in English or French, giving effect to the […]
Stuart Olson Dominion Construction Ltd. v Structal Heavy Steel, 2015 SCC 43 [Structal] is the most recent case by the Supreme Court of Canada (“SCC”) on the correct interpretation and application of the trust provisions found in provincial construction lien statutes. The issue before the SCC was whether a contractor’s statutory obligation to hold a […]
It is tempting to believe, or at least hope, that the recent Supreme Court of Canada (“SCC”) decision in Chevron Corp v Yaiguaje, 2015 SCC 42 [Chevron] is one of the last acts of the Chevron saga, and a leap forward for environmentalism. Alas, the decision is more like the prologue to yet another season […]
Why We Should Be Suspicious of Timeshares Julie Guindon is the family and estate lawyer at the heart of Guindon v Canada, 2015 SCC 41 [Guindon] in which the Supreme Court of Canada (“SCC”) confirmed that penalties under s.163.2 of the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] are not criminal in […]
A New Hurdle To Protecting Our Children? A Perspective from the Toronto Police Internet Child Exploitation Unit Last year, TheCourt.ca published two key articles about the Supreme Court of Canada’s landmark ruling on Internet privacy. See Jordan Casey’s summary here and Stuart Wood’s analysis here. After its release, R v Spencer, [2014] 2 SCR 212 [Spencer] […]
In R v Michaud, 2015 ONCA 585 [Michaud], the Court of Appeal for Ontario (“ONCA”) reluctantly followed the precedent set in Canada v Bedford, [2013] 3 SCR 1101 [Bedford]. Justice Lauwers of the ONCA found that a highway speed regulation did infringe section 7 of the Charter, but found it to be justified under section […]
In White Burgess Langille Inman v Abbott and Haliburton Co, 2015 SCC 23 [Burgess], the Supreme Court of Canada (“SCC”) established a test for assessing the impartiality of expert witnesses. The issue arose when shareholders of a company obtained a new accounting firm, Grant Thornton LLP, which discovered errors in the previous auditors’ work. The shareholders […]
Human rights law is one of the most fast-evolving and dynamic areas of law. With the fabric of Canadian society evolving at a rapid pace, legislators and decision makers are grappling with increasingly nuanced and socially sensitive human rights disputes. The need for a clear, concise, and coherent approach to discrimination is therefore paramount. The […]
Few legal disputes have the potential of being as deeply divisive and politically polarizing as Canada v Ishaq, 2015 FCA 194 [Ishaq Appeal]. In addition to its potential cultural, social, political, and religious implications, this case underscores the tension between fair, democratically enacted legislation, and fundamental freedoms protected in the Charter. Although the Federal Court […]