In the coming months, the Canadian military will be forced to fight on a wholly new front: the home front. In late November, a notice of action was filed against the Canadian military on behalf of past members of the military. Although details of the specific allegations will not be released until later in their […]
The Supreme Court of Canada heard arguments on December 1st about whether section 2a of the Charter – the provision that protects religious freedom in our country—could be extended to include an Aboriginal spiritual connection to land. This is the first time the Supreme Court will consider an Aboriginal religious freedom claim under the Charter. […]
Judgment creditors across Canada…Here ye, here ye! On November 17, 2016, the Supreme Court of Canada was presented with a weighty opportunity to determine how Canada’s federal privacy law, Personal Information Protection and Electronic Documents Act ("PIPEDA"), could affect judgment creditors and mortgagees. In its long-awaited decision, the unanimous Court delivered a practical, balanced, and sound […]
Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]
This brief comment will have the objective of answering a simple but very interesting two-part question: which Supreme Court of Canada decisions have received the most judicial treatment by subsequent courts and tribunals, and how many times have they been referenced in Canadian jurisprudence? Methodology and Data The list below (and accompanying data) was compiled […]
The Alberta Court of Appeal (“the Court”) in R v Sanaee, 2015 ABCA 224 provides guidance to trial courts in assessing the elements of the animal cruelty offences under the Criminal Code, RSC, 1985, c C-46, and interpreting them in light of the protection of animals and the way we see them in society. The […]
This guest post was contributed by Kathryn Chan. Kathryn Chan is an Assistant Professor of Law at the Faculty of Law, University of Victoria, where she teaches Constitutional Law, Administrative Law, and Non-profit Sector Law. We have recently reached the end of the penultimate round of court cases involving Trinity Western University (“TWU”) and the various provincial law […]
The oppression remedy empowers shareholders in commercial disputes by giving legal effect to their reasonable expectations of. A claim in s.241 of the Canada Business Corporations Act, RSC 1985, c C-44 [CBCA] is premised on a personal right of the shareholders. An oppression claim can be brought in a number of circumstances, including by a […]
Do you know which judge tried to claim $50,000 a year in clothing expenses from 2004 to 2006 as a tax deduction? Can you name the bencher that was a former piano prodigy? Who hails from Don Mills and Lawrence Avenue in Toronto? We give you a “behind the robes” look at the nine current […]
In first year law school, we learn the seven parts of a tort claim: volition, duty of care, standard of care, harm, causation, remoteness, defence. Some learn these in different orders, some apply them in separate steps, and others apply multiple steps at one time during their analysis. Causation, however, has always been a main […]