2015 has been a particularly significant year for the Supreme Court of Canada (“SCC”) in a number of ways, and indeed, TheCourt.ca’s editorial staff has been kept quite busy. Part I of this year-in-review post will summarize the activity of the SCC and the comings and goings of Justices and staff. Part II will discuss […]
The duty to consult is a constitutional obligation grounded in the honour of the Crown and entrenched in section 35 of our Constitution. This duty arises whenever conduct may adversely affect Aboriginal rights or title. The content of this duty has continued to be fleshed out since its articulation in Haida Nation v British Columbia […]
Among the more controversial areas of Canadian evidence law are confessions obtained through “Mr. Big” operations. This unique investigative tactic involves the creation of an elaborate but fictitious criminal organization that recruits the suspect of a cold case to join its ranks. Over the course of several “scenarios,” the participating undercover police officers engage the […]
When should courts invoke public policy to interfere with testamentary freedom? The Ontario Court of Appeal (“ONCA”) recently revisited this question in Spence v BMO Trust Company, 2016 ONCA 196 [Spence]. In Spence, Mr. Spence (the testator) excluded his daughter, Verolin, and grandson, A.S., from his Will. Instead, he bequeathed his assets to his second […]
Nothing riles a family up more than a good ‘ol contested probate of will. This is especially true if there are millions to be had. This month, the Court of Appeal for Ontario (“ONCA”) issued a ruling in Neuberger v York, 2016 ONCA 191 that allows one faction of a family to challenge a will […]
Being laid off close to the age of retirement can be quite a devastating experience. It is all the more devastating when you have worked for the same company for three decades and your skills may not reflect current job market needs. Add to this the fact that, because of your employment contract, you are […]
The Supreme Court of Canada (“SCC”) recently heard the Crown appeal of R v Borowiec, 2015 ABCA 232 (“R v MB”). The case is significant given the possibility for a change in the law of infanticide in Canada, as the Crown has argued for the need for greater clarity of what constitutes a ‘disturbed mind’ […]
In November of last year, I wrote an article for The Court on the recent decision in Uber Canada Inc. v City of Toronto, 2015 ONSC 3572 [“Uber”] by the Ontario Superior Court of Justice (“ONSC”). In Uber, Justice Sean F. Dunphy ruled that Uber is neither a “taxicab broker” nor a “limousine service” within […]
Facts of the Case In the case of Butler v Canada, 2016 FCA 65 [Butler] Mr. Butler appealed a decision made last January at the Tax Court of Canada, where he was required to repay the Old Age Security Pension (“OASP”) approximately $3000. Mr. Butler received a lump sum award under Nova Scotia’s Workers’ Compensation […]
Roth Estate v Juschka, 2016 ONCA 92 [Roth] is a case where the circumstances under which advice was given to family members in the context of a share purchase did not purport to necessitate the provision of independent legal advice (“ILA”). The underlying transaction was a gift from Mr. Roth and his wife (the “Roths”) […]