On October 5, 2017, the ONCA released its decision (2017 ONCA 773) on an appeal for a negligence claim made by Jordan Sacks, a man who suffered septic shock and amputations as a result of complications from bowel surgery performed at Sunnybrook Hospital. Although the jury found that the hospital, three of its doctors, and […]
Part 1 of TheCourt.ca's coverage of Ktunaxa v BC covered the decision's contribution to freedom of religion jurisprudence. In part 2, I ask: What does an obscure snowy mountain in British Columbia have to do with a much less snowy, much more famed mountain in Jerusalem?
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]
On November 2 the Supreme Court of Canada (SCC) released its much-awaited decision on the matter of Ktunaxa Nation v British Columbia (Forests, Land and Natural Resource Operations). In today’s post, the first of a two-part series, Kristopher Kinsinger assesses how the SCC’s decision on the Ktunaxa Nation’s section 2(a) Charter of Rights and Freedoms […]
On November 9, 2017, the Supreme Court of Canada (“SCC”) heard the case of Office of the Children’s Lawyer v J.P.B and C.R.B. While judgment has yet to be rendered, it is expected that the SCC will answer the following questions: First, in child custody cases where one parent lives outside of Canada, how should […]
Political protest is undeniably an essential right in a free and democratic society, but constitutional protection of that right is not absolute; acts and threats of violence, which serve to stymie rather than foster political debate, are not protected under s. 2(b) of the Canadian Charter of Rights and Freedoms. In its August 2017 decision, […]
When an employee makes a claim for common law wrongful dismissal damages, he or she is required to make reasonable efforts to mitigate personal damages. Mitigation often requires the employee to try and attain another job in the period after his or her dismissal. Any income earned within the common law reasonable notice period is […]
NOTE: there is a publication ban in this case, pursuant to section 486.4 of the Criminal Code, which prohibits the dissemination of information that may identify the witnesses. This post is intended to comply with the restriction so that it may be published. In R v Jarvis, 2017 ONCA 778 [Jarvis] the Ontario Court Appeal found […]
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]
On December 15th, 2017, the Chief Justice of the Supreme Court, the Right Honourable Beverley McLachlin, will retire after a long and historic career. Along with the task of selecting a new Supreme Court Justice to fill the vacancy, the Prime Minister will be required to appoint McLachlin’s successor as the new Chief Justice. This […]