What does it mean to say that a law is constitutional or not? What are we getting at when a label of constitutionality is attached to a law? Of course on one level, we are asking whether a particular provision violates the Canadian Charter of Rights and Freedoms [Charter] (or is vires) – a technical […]
In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a claim for damages at the Supreme Court of British Columbia (“BCSC”) against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company based in Vancouver, for gross […]
In 2018, the Supreme Court of Canada [“SCC” or “the Court”] heard three appeals dealing with various aspects of impaired driving proceedings. The first two were both heard in February, and decisions were released in late October. In R v Awashish, 2018 SCC 45 [“Awashish”], the Court considered the common law remedy of certiorari and its availability against […]
The Supreme Court of Canada (“SCC” or “the Court”) decided a major case on lawyer civility in June 2018 in Groia v Law Society of Upper Canada 2018, SCC 27 [Groia]. The case revolved around a Law Society disciplinary hearing decision from 2013 that would have seen Toronto securities litigator Joseph Groia (Groia) fined and […]
Introduction An interlocutory injunction is a flexible remedy that serves as a powerful tool for litigators. These orders act to maintain the status quo on a certain matter until the issue has been resolved at the finality of the overall proceedings. The Supreme Court of Canada (“SCC” or the “Court”) released a decision earlier this […]
Introduction When a breathalyzer is prepared for use by a police officer, it performs a series of internal and external diagnostic tests to ensure the accuracy of the results of the tests. After the breath samples are taken, the breathalyzer machine prints the results of the diagnostic tests, which are later provided to the accused […]
A lot can change in 65 years, and most of it is unforeseeable. Can a contract be renegotiated to reflect these changes? In Churchill Falls (Labrador) Corp v Hydro-Quebec, 2018 SCC 46 [Churchill Falls], Churchill Falls (Labrador) Corporation Limited (“CFLCo”) and the Quebec Hydro-Electric Commission (“Hydro-Quebec”) dispute a contract signed in 1969. CFLCo claims that their […]
Myths about sexual assault complainants are back on trial. The Alberta Court of Appeal [“ABCA”] recently issued two decisions – R v Goldfinch, 2018 ABCA 240 [Goldfinch] and R v Barton, 2017 ABCA 216 [Barton] – that may change Canada's law of evidence regarding when complainants’ prior sexual history may be admitted in sexual assault […]
On June 29, 2018, the Supreme Court of Canada (the “Supreme Court”) delivered its ruling in R v Suter, 2018 SCC 34 [Suter], a case which, at its core, “raises critical questions about what can legitimately be considered as ‘relevant aggravating or mitigating circumstances relating to the offence or the offender’” (Factum of the Appellant, […]
The Supreme Court of Canada (“SCC”) will hear Bela Kosoian, a woman arrested in a Quebec subway station for failing to hold an escalator handrail. Leave was granted on Thursday, November 15. I will discuss the background, legal framework, and procedural history of this case – which was recently featured in headlines internationally—before offering some […]