Technology, Taxicabs, and Transportation in Toronto: City of Toronto v Uber Canada Inc

A defining feature of this decade has been the advent of disruptive technological innovation. Airbnb is now challenging the traditional hotel industry, Rover is providing drivers with alternatives to astronomically high parking rates, and RelayRides is making it increasingly easier for city-dwellers to not own vehicles. These services are creating increased competition among established industries—residential […]

BC Court of Appeal Rules Mexico Improperly Interfered with BC Unionization Effort: United Mexican States v BC

At issue in United Mexican States v British Columbia Labour Relations Board, 2015 BCCA 32 [United Mexican States], was whether the Mexican government could claim sovereign immunity from prosecution under the Labour Relations Code, RSBC 1996, c. 244 [the Code]. The Mexican government had argued that its sovereign immunity would be violated if the British […]

Canada (Attorney General) v Cold Lake First Nations: Transparency is Not a Top-Down Approach

First Nations and the Harper Government First Nations in Canada have reason to be hopeful in light of national and legal developments this past week. In the federal election on 19 October 2015, some First Nations communities saw their voter turnout increase by as much as 270%. This increase in turnout happened despite the Conservative […]

Youth Sentencing and The Death of Officer Garrett Styles: Punishing with a Cause?

Within a few weeks, Ontario Superior Court Justice Alex Sosna will deliver his sentence in one of the most prolonged and closely watched youth offender cases in Canadian history. He will have to decide the appropriate punishment for a now 19-year-old whose actions led to the death of a York Regional Police constable over four […]

Wilson v British Columbia: A Clear-Cut Ruling to Save Lives

Throughout the years, various offences have been enacted, both in the Criminal Code and under provincial regulation, to deal with a matter of grave public apprehension in Canada: impaired driving. One attempt to address this concern has been through the automatic roadside driving prohibition scheme (the “ARP regime” or “ARP scheme”) that has been used […]

Keeping it in the Family: Municipal Conflict of interest in the Context of Familial Relationships

The decision of the Court of Appeal for Ontario (“ONCA”) in Ferri v Ontario (Attorney General), 2015 ONCA 683 [Ferri] is the latest in a string of municipal conflict of interest cases involving prominent municipal politicians. Mario Ferri was a well-known Regional and City Councillor for the City of Vaughan, Ontario. On his own volition, […]

"An Indefinite Suspension Coupled with the Employer's Failure to Provide Reasons to an Employee Equals Constructive Dismissal": The Supreme Court of Canada Rules

In the recent decision of Potter v New Brunswick Legal Aid Services Commission, 2015 SCC 10, the Supreme Court of Canada [“SCC”] clarified several important rules pertaining to the law of constructive dismissal and administrative suspensions. This decision signifies a number of victories for employees who have been indefinitely suspended from their employment, and further restricts the […]

BC's Latest Scheme to Deter Drinking and Driving Largely Upheld in Goodwin

For decades, provincial and federal governments have enacted schemes aimed at reducing fatalities related to impaired driving. British Columbia’s latest attempt to curb impaired driving was predominantly upheld in Goodwin v British Columbia (Superintendent of Motor Vehicles) 2015 SCC 46 [Goodwin] and its companion case, Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC […]

ATCO Gas and Pipelines Ltd v Alberta: Why You Are Paying More on Your Electricity Bill

In December of 2013, a damning Ontario Auditor General report zeroed in on Ontario Power Generator (“OPG”) and its executive compensation packages. The report accused OPG of unnecessarily driving up electricity prices through nepotism, high labour costs, and one of the province’s most generous public-sector pension plans in comparison to the Ontario Public Service as […]

Rogue Juror? R v Pannu and Protecting Jury Deliberation

The film 12 Angry Men is a classic representation of the diverse personalities that come together on a jury and the challenges of reaching a consensus. In it, we see how group dynamics constantly evolve as the jury struggles to meet their obligation of delivering a sound verdict. Last week, the Court of Appeal for […]