RS v PR: Private International Law & Lis Pendens
In RS v PR, the Supreme Court of Canada clarified the conditions for international lis pendens under the Civil Code of Quebec, as well as the scope of discretion to deny a stay even when the conditions are met.
SCC Grants Leave to Appeal for Sealing Order in Sherman Estate
The Supreme Court of Canada (“SCC”) recently granted leave to appeal in the Sherman Estate’s legal battle to keep its probate application private. The appeal will provide the court with an opportunity to revisit the stringent legal test for sealing orders, an issue that has gone largely undiscussed for nearly two decades. Sealing orders, which […]
The Legacy of R v Sparrow
In May of this year, thirty years will have passed since R v Sparrow, [1990] 1 SCR 1075 [Sparrow] was released. Sparrow was the first decision to apply section 35 of the Constitution Act, 1982 [Constitution], recognizing and affirming that Aboriginal rights predate Canada’s beginnings as a country. From the beginning, s. 35 was viewed as […]
SCC Dismisses BC Government’s Appeal and Secures Legal Win for Trans Mountain
On January 16, a reference panel of Supreme Court Justices dismissed the appeal of the British Columbia Court of Appeal’s (“BCCA”) decision in Reference re Environmental Management Act, 2019 BCCA 181 [BCCA Reference]. The SCC found that the BC government’s proposed amendments to the BC Environmental Management Act [EMA], which would have barred an entity […]
