This is the second of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be raised. Part […]
On June 28, 2017, the Supreme Court of Canada released Google Inc v Equustek Solutions Inc, 2017 SCC 34 [Google] which granted a worldwide interlocutory injunction against Google Inc. (“Google”), ordering it to remove a company’s website from its global search engines. The Court’s decision in Equustek provides new tools to intellectual property owners to […]
On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]
In its June decision, Saadati v Moorhead, 2017 SCC 28 [Saadati], the Supreme Court of Canada (“SCC”) made a ground-breaking decision on psychiatric injury, moving in a bold direction away from appellate jurisprudence and the path taken by courts in the United Kingdom, New Zealand, and Australia (para 28), in holding that medical evidence is […]
In merger and acquisition (“M&A”) transactions, investment banks are tasked with guiding their clients through a successful sale of their company. Similar to a real estate agent, an investment bank may undertake a number of tasks to ensure a successful sale, including: preparing a timetable, identifying purchasers, soliciting offers, and providing financial analysis. In return, […]
By this point, it is a virtual certainty that the outcome of the joint-appeal for Trinity Western University et al v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University et al will be a landmark ruling by the Supreme Court of Canada.
This is the second of a two-part post discussing the constitutionality of The Genetic Non-Discrimination Act, SC 2017, c 3. Part I provides the legal context for the constitutional issues surrounding the legislation, and presents the arguments for the act as a valid exercise of the federal criminal law power. Part II outlines the arguments […]
This is the first of a two-part post discussing the constitutionality of the Genetic Non-Discrimination Act, SC 2017, c 3. Part I provides the legal context for the constitutional issues surrounding the legislation, and presents the arguments for the act as a valid exercise of the federal criminal law power. Part II outlines the arguments for […]
This guest post was contributed by Lily MacLeod, Faith Cameletti, and Adam Lake. Lily, Faith, and Adam are all JD Candidates (2019) at Osgoode Hall Law School. Before the Supreme Court’s decision in R v Lloyd, 2016 SCC 13 to strike down a one-year mandatory minimum sentence for violating section 12 of the Charter (which […]
In the recent R v Antic, 2017 SCC 27 [Antic] decision, the Supreme Court of Canada (“SCC”) provides a much-needed reminder for bail courts across the country to uphold the accused’s right to a reasonable bail under section 11(b) of the Canadian Charter of Rights and Freedoms [Charter] when making decisions on releases. Antic highlights a […]