Canadians routinely open bank accounts, take out loans, sign insurance, and wireless agreements. To facilitate these daily processes, companies often use standard form contracts. You do not need legal training to realize that such contracts are “take it or leave it” prepositions. However, for a business such as a construction company signing an insurance policy, […]
In R v Vassell, 2016 SCC 26, the accused, Mr. Vassell, was charged with possession of cocaine for the purpose of trafficking. However, Mr. Vassell’s trial was delayed by over three years, and because of this, he applied for a stay of proceedings and claimed that the delay violated his s. 11(b) Charter right. Under […]
The Supreme Court of Canada recently handed down its much-anticipated decision in Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29 [Wilson], confirming that federally regulated employees cannot be terminated without cause under the Canada Labour Code, RSC 1985, c L-2 [Code]. The implications of this decision for administrative and employment law were previously discussed by TheCourt.ca in […]
The Supreme Court of Canada’s (“SCC”) decision in Club Resorts Ltd v Van Breda, 2012 SCC 17 [Van Breda] brought greater judicial guidance to the question of when a Canadian court may assume jurisdiction over a claim. The SCC articulated four non-exhaustive presumptive connecting factors (PCFs) that a party may rely on to establish a […]
On July 8, 2016, the Supreme Court of Canada released R v Jordan, 2016 SCC 27 [Jordan], a decision that fundamentally changed the framework that determines whether an accused has been tried within a reasonable time under s 11(b) of the Charter. While the impact of explicitly overthrowing a well-established framework with years of precedent remains […]
Mediation is an invaluable tool which, when used correctly, can help parties avoid the procedural obstacles and inefficiencies of the legal system through a third party mediator. However, when used incorrectly, mediation itself can become an unnecessary obstacle. In Matsqui First Nation v Canada (AG), 2015 BCSC 1409 [Matsqui], the Department of Fisheries and Oceans […]
This is the second part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]
This is the first part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]
Much has already been written in regards to the recent decision of the Supreme Court of Canada (“SCC”) in Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29 [Wilson]. It may seem surprising that it took thirty years to settle on Parliament’s intent in introducing the 1978 amendment to the Canada Labour Code, RSC […]
The Government of Canada is acutely aware of the cost of litigation. Those costs, along with the policy and legal implications of litigation, are now the subject matter of a new Cabinet Committee on Litigation Management, chaired by Minister Dominic LeBlanc. This committee will advise federal Justice Minister Jody Wilson-Raybould, who recently suggested in a […]