In R v Jordan, 2016 SCC 27 [Jordan] the Supreme Court of Canada noted that the criminal justice system suffers from “a culture of complacency […] towards delay” (para 4). These remarks may come as no surprise to those who have interacted with the justice system in Canada. However, quantitative metrics on the precise extent […]
This is the first part of a two-part series on Ryerson University’s application to found a new law school in Canada. Part I provides an argument for why Ryerson should not be granted approval for a law school based on the current market. Part II highlights some of the ways in which Ryerson’s application contributes […]
Lafortune v Financière agricole du Québec, 2016 SCC 35, is a recent decision by the Supreme Court of Canada directly impacting Québec’s farming industry. The decision affirms La Financière Agricole du Québec’s (“La Financière”) administration of a farm income program known as the Programme d’assurance stabilisation des revenus agricoles (“ASRA Program”), concluding that such program […]
On Monday, October 17th, Prime Minister Trudeau announced his first nominee to the Supreme Court of Canada: Justice Malcolm Rowe. Set to fill the seat of Justice Cromwell who retired from the Court in September, Justice Rowe—provided his nomination succeeds—will become the first appointee from Newfoundland and Labrador. To add to historic firsts, Justice Rowe […]
Just a couple of weeks ago, on September 27th 2016, Montreal’s Society for the Prevention of Cruelty to Animals (the “SPCA”) filed a motion to the Superior Court of Quebec in Montreal, asking the Court to stay Montreal’s new by-law targeting “pit bull-type” dogs. The motion was filed just hours after the by-law was passed […]
In the past few months, Canadians have focused, often in disbelief, on the spectacle that is the 2016 United States Presidential Election. The latest controversy revolves around a New York Times article entitled “Two Women Say Donald Trump Touched Them Inappropriately.” Regardless of its contents, the article’s title alone is enough to send any political campaign into […]
Controversy surrounding new provincial legislation in British Columbia to curb foreign investment in the housing market and talks of similar measures for Ontario have kept all eyes on the red-hot housing markets across Canada. Furthermore, new federal mandates will take effect starting October 17, 2016 for the purchasing of homes, which will likely cause further […]
Last year, TheCourt.ca posted an article discussing the fatal impaired driving incident that resulted in the death of all three of Jennifer and Edward Neville-Lake’s children. Daniel, Harrison and Milly were all under the age of ten. Jennifer’s father Gary—the children’s grandfather—was also killed in the crash. The sole survivors were their grandmother and great-grandmother, […]
How are courts to deal with instances where solicitor-client privilege and the right to full answer and defence – both principles of fundamental justice, protected under section 7 of the Charter – come into conflict? More specifically, can solicitor-client privilege between the Crown and police be abrogated in a criminal proceeding, so that the accused […]
“Causation can be inferred⎯even in the face of inconclusive or contrary expert evidence⎯from other evidence, including merely circumstantial evidence.” British Columbia (Workers’ Compensation Appeal Tribunal) v Fraser Health Authority, 2016 SCC 25 at para 38. When is it correct for a court to disagree with scientific experts? This is precisely the issue raised in the […]