Anderson v Alberta: The SCC Revises the Test for “Impecuniosity” and Advance Legal Costs in the Era of Reconciliation
The Supreme Court of Canada (“SCC” or “The Court”) has modified the threshold of “impecuniosity” where a First Nations government seeks advance cost awards in litigation against the federal or provincial governments. In the unanimous decision of Anderson v Alberta, 2022 SCC 6 [Anderson], the Court determined that a First Nations government which has access […]
Enforcement of Foreign Judgements: SCC Grants Leave to Appeal in Lanfer v. Eilers
On March 3, 2022, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Lanfer v. Eilers, a ruling from the British Columbia Court of Appeal, 2021 BCCA 241 [Eilers]. The SCC will rule on whether a foreign judgement granting the remedy of specific performance for the transfer […]
Charter Breaches and the Concept of “Fresh Start”: SCC Grants Leave in James Andrew Beaver v R and Brian John Lambert v R
When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]
Ahluwalia v Ahluwalia : Putting a Cost on Family Violence in Divorce Proceedings
Content Warning: this article has some descriptions of violence and abuse that may be triggering to some readers* Justice Mandhane of the Ontario Superior Court of Justice (“ONSC” ) has re-framed how family violence is addressed in divorce proceedings in the recent case of Ahluwalia v Ahluwalia, 2022 ONSC 1303 [Ahluwalia]. Previously, survivors of family […]