In its most recent decision, Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 [Sabean], the Supreme Court of Canada (“SCC”) interprets whether the Canada Pension Plan (“CPP”) is a “policy of insurance providing disability benefits” within the meaning of certain insurance contract clauses. The case involves the interpretation of a Nova Scotia excess insurance policy, the SEF […]
The Supreme Court’s recent, very short decision in R v Natewayes, 2012 SCC 5, clarifies the tests for being proven a party to an offence in the Criminal Code, It also demonstrates that it is open for a trial judge to make a wide range of inferences regarding an accused’s knowledge based on the facts. […]
The Supreme Court of Canada (“SCC”) has recently delivered two companion judgments, Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 [Fairmont] and Jean Coutu Group (PJC) Inc. v Canada (Attorney General), 2016 SCC 55 [Jean Coutu], that substantially restrict the availability of the rectification remedy in Canada.
When the Ontario Court of Appeal’s decision in R v Bingley, 2015 ONCA [Bingley] (recently heard by the SCC, awaiting decision) was released last April, I was shocked. The case raises intriguing legal issues, sure, but I was perhaps more stunned by the nature of our drug-testing regime in Canada, and particularly the lack of […]
No Good Deed Goes Unpunished Just when you thought you’ve done the right thing in reporting serious crime to the police, you find yourself thrown into a matrix of fear, threats, and potentially physical reprisal. That is exactly what happened to Margaret Stack in Nissen v Durham Regional Police Services Board, 2017 ONCA 10, when […]
The case of Styles v Alberta Investment Management Corporation, 2017 ABCA 1, [Styles], began with the termination of the respondent without cause. The question in this case was: what sort of compensation is the respondent entitled to under his employment contract? At first glance, this case may seem like it falls squarely in the realm […]