Today (March 29) the Supreme Court of Canada (“SCC”) will hear the intellectual property case of Keatley Surveying Ltd v Teranet Inc, 37863 [Keatley] about the issue of copyright in land surveys. Keatley Surveying Ltd (“Keatley”) brought a proposed class action on behalf of all land surveyors in Ontario against Teranet Inc (“Teranet”), a private […]
Online communication platforms give people the tools to engage in meaningful and productive ways. They have also given predators the opportunity to connect with children without supervision, and the ability to groom those children for the purpose of sexual abuse. Accordingly, Parliament has criminalized telecommunications with children for the purposes of facilitating sexualized discussions or […]
The Supreme Court of Canada (“SCC”) Justices have the privilege and responsibility of representing Canada’s highest court and last court of appeal. Throughout their time on the bench, they remain apart from the legal bar to maintain objectivity and prevent bias. Yet once retired from the SCC, many justices resume the practice of law. The […]
In 9147-0732 Québec Inc. c Directeur des poursuites criminelles et pénales, 2019 QCCA 373 [9147-0732 Québec Inc.], a case that has attracted some media attention, the Quebec Court of Appeal (“QCCA”) addressed the question of whether a corporation can benefit from the Canadian Charter of Rights and Freedoms s.12 protection against “cruel and unusual treatment or […]
The legal profession revolves around the giving of advice. People seek legal counsel for a wide variety of issues, including (and perhaps most often) when they are vulnerable. Consequently, lawyers have a professional and legal duty to ensure that when they offer such advice, it is honest and informed. Where it is not, people often […]
Later this month the Supreme Court of Canada (“SCC”) will hear a case that will determine “the future of the military justice system in Canada” (Chief Justice Bell in R v Beaudry, 2018 CMAC 4, para 73 [Beaudry]). The case is the federal Crown’s constitutional appeal of the Court Martial Appeal Court’s (“CMAC”) decision in […]
On 28 March 2019, the Supreme Court of Canada (“SCC”) will hear Resolute FP Canada Inc, et al v Ontario (Attorney General), 37985, an appeal of a lengthy 270-paragraph decision from the Court of Appeal of Ontario (“ONCA”) of Weyerhaeuser Company Limited v Ontario (Attorney General), 2017 ONCA 1007 [Weyerhaeuser]. At first glance, Weyerhaeuser appears […]
How should the section 11(b) Charter right to a trial within a reasonable time be applied to the youth justice system? In R v KJM, 2018 ABCA 278 (KJM), the Alberta Court of Appeal ("ABCA") grappled with whether the presumptive 18 month ceiling for offences to be tried in provincial courts, from Jordan, applies to youth […]
The Supreme Court of Canada (“SCC” or the “Court”) released a landmark decision last month that defines privacy rights in public areas. In R v Jarvis, 2019 SCC 10 [Jarvis], the Court overruled a Court of Appeal for Ontario (“ONCA”) decision and decided that people can have a reasonable expectation of privacy even in public […]
In 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2018 ONCA 407 [Maple Leaf], the Court of Appeal for Ontario (“ONCA”) evaluated whether a duty of care arose in the well-publicized case of listeria outbreak involving Maple Leaf Foods, which resulted in 22 deaths across Canada back in August 2008. The novelty facing the court was that […]