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 […]
This is the second part of a two-part series on Ryerson University’s application to found a new law school in Canada. Part 1 provides an argument for why Ryerson should not be granted approval for a law school based on the current market. Part 2 highlights some of the ways in which Ryerson’s application contributes innovative […]
** Author’s Note: This post is the product of a conversation I had with an expert on the case. I am humbled by and indebted to that person for their incredible kindness and for the time they took out of their busy schedule to discuss this topic with me. ** We sent an alarming 16 […]
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court of Appeal (2015 BCCA 279) to stay a proposed class action against Facebook on the basis of a forum selection clause […]
National inquiries have historically been reserved for the gravest matters of public concern. Since 1980, the RCMP has reported 1,181 homicides and long-term disappearances of Indigenous women in Canada. Some advocates believe the number to be as high as 4,000―that is 4,000 women that have been killed, or lost, or both. This past August, the […]
Introduction In R v Anthony-Cook, 2016 SCC 43, the Supreme Court of Canada adopted the “public interest” standard that trial judges across Canada are to employ to asses a joint submission on sentencing. While the case seeks to provide greater clarity for courts, prosecutors, accused persons, and their counsel, understanding the standard and what […]