Iggillis Holdings Inc v Canada (National Revenue): What Secrets Can Corporate Lawyers and Their Clients Keep?

When corporate lawyers choose to exchange information with opposing counsel, they do so with a view towards a smooth and confidential closing of their client’s transaction. In particular, the promise of confidentiality is granted by the doctrine of “common interest privilege”. Privilege protects all communications between a professional legal adviser and their clients from being disclosed […]

The Reasonableness of Extradition Assurances Against Torture in India v Badesha

In India v Badesha, 2017 SCC 44 [Badesha] the Supreme Court of Canada (“the Court”) weighed in on the extradition of two Canadian citizens charged in India for conspiracy to commit murder in an alleged honour-killing. The Court’s decision provides a useful overview of extradition law in Canada and the factors the Minister of Justice […]

R v G.T.D.: When Six Words in a Police Caution Infringe Rights to Counsel

“Do you wish to say anything?” On February 14, 2018, the Supreme Court of Canada (“SCC”) decided in R v G.T.D., 2018 SCC 7 [G.T.D.] that those six words, said by an arresting officer to the accused, were sufficient to breach G.T.D’s rights to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms […]

Heller v Uber Technologies Inc: Arbitration Clause Stops a $400 million Class Action in its Tracks

Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees.  In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]

2017 at the Supreme Court: A Year in Review

TheCourt.ca is pleased to present its annual Year in Review special for 2017 (see also our 2015 and 2016 Year in Review posts). 2017 was particularly impactful for the Supreme Court of Canada ("SCC"): the Court heard heavily publicized cases in its fall session alone including Trinity Western University (Trinity Western University v Law Society […]

CMDS v CSPO (Part 2): ONSC Weighs Religious Physicians’ Charter Claim

On January 31, the Ontario Superior Court (“ONSC”) released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first half of this two-part post, I provided a summary of the facts of the case and analyzed the Court’s reasons on standard of review and […]

CMDS v CSPO (Part 1): ONSC Weighs Religious Physicians' Charter Claim

On January 31, the Ontario Divisional Court released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first of this two-part post, I provide a summary of the facts of the case before analyzing the Court’s reasons on standard of review and the Applicants’ […]