The Supreme Court of Canada (“SCC”) has recently granted leave to appeal of the BC Court of Appeal decision in Matthew John Anthony-Cook v Her Majesty the Queen, 2015 BCCA 22 [Anthony-Cook]. The appellant, Mr. Anthony-Cook, was charged with manslaughter contrary to s. 236 of the Criminal Code, RSC 1985, c C-46. Mr. Anthony-Cook is […]
Durham Condominium Corporation No. 45 v Leslie Arthur Swan, 2015 ONCA 590 [Swan] is a brief case that raises key issues around board members’ statutory and contractual entitlements to be indemnified for legal liability and costs personally incurred in the course of duty. However, the issue that stands at the forefront of this case concerns […]
Some months ago, the Supreme Court of Canada’s (“SCC”) ruling in Carter v Canada (Attorney General), [2015] 1 SCR 331 [Carter] made national headlines. Although all decisions of the SCC are important, this one seemed to strike a nerve or two on both sides of the playing field. In this case, as described in more detail here […]
Introduction Remedy Drug Store Co Inc v Farnham, 2015 ONCA 576, is centered on a dispute over whether the parties reached a settlement agreement arising out of the breakdown of an employment relationship. The Ontario Court of Appeal reaffirmed its attitude to settlements: "it is in everyone's interest that litigation be concluded by the parties' […]
Ignored Cries In Hinse v Canada, 2015 SCC 35 [Hinse] an element of the Crown’s prerogative power is brought into the limelight. Hinse was exonerated approximately 30 years after his conviction for armed robbery. He served five years and ultimately received a settlement for the injustice he experienced. It was Hinse’s position that not only […]
Introduction The effects of globalization are deep and far reaching – not least with respect to the Canadian legal framework. As cross-border litigation involving multinational corporations becomes increasingly prevalent, courts are forced to grapple with the challenges of reconciling the domestic and international aspects of these disputes. In Chevron Corp v Yaiguaje, 2015 SCC 42 […]
In Strickland v Canada (Attorney General) 2015 SCC 37 [Strickland], the Supreme Court of Canada (“SCC”) considered whether the provincial superior courts could review the validity of a federal administrative action. Both the majority opinion, written by Justice Cromwell, and the concurring opinion held that provincial superior courts are able to consider the validity of […]
The Facts In 2008, Jason Rodgerson met Amber Young at a bar in Oshawa. According to Rodgerson, after consuming alcohol and ecstasy together, he and Young engaged in consensual sex at his home. Rodgerson then lost interest in Young and wanted to return to the bar. Tensions escalated when Young asked to be compensated for […]
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]
Much has changed this year with the Supreme Court of Canada’s ("SCC") new "labour trilogy" of Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1 [Mounted Police], Meredith v Canada (Attorney General), 2015 SCC 2, and Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4 [Saskatchewan]. These cases help define the scope […]