Featured

What Remains of Section 28 After the QCCA’s Bill 21 Decision?

The Quebec Court of Appeal’s (“QCCA”) decision in Organisation mondiale sikhe du Canada c. Procureur général du Québec brings forward a constitutional question the Supreme Court of Canada will soon have to address directly: does section 28 of the Charter possess any independent legal force, or can its equality guarantee be displaced entirely through a section 33 declaration? The result of that decision is stark: the QCCA treats section 28 as having no independent force, no interpretive weight, and no residual function once the rights it echoes are suspended.

APPEAL WATCH: SCC to Determine the Use of Compelled Accident Statements in Korduner

The Supreme Court of Canada has granted leave to appeal the decision in R v Korduner, a split decision from the Alberta Court of Appeal that examines the extent of use immunity for statutorily compelled statements. In particular, the SCC may wish to examine whether a statement given by a motorist who has an honest and reasonably held belief that they are statutorily compelled can be used as the reasonable grounds necessary to compel an evidentiary breath test pursuant to s.320.28 of the Criminal Code.

APPEAL WATCH: Old Leases, Same Law? ONCA Reaffirms “No Duty to Mitigate” in Aphria

In June 2025, the Supreme Court of Canada granted leave to appeal the Court of Appeal for Ontario’s decision in Canada Life Assurance Company v. Aphria Inc,. The Court's decision reaffirms that when a commercial landlord does not accept a tenant's repudiation of a lease and insists the lease remain in full effect, the landlord has no duty to mitigate the resulting damages. This decision adheres to the binding authority of Highway Properties Ltd v Kelly, Douglas and Co Ltd., where the SCC outlined four actions a landlord can take in response to a tenant's fundamental breach.

APPEAL WATCH: The Opportunity to Clarify Contributory Fault in Contract Law and Revisit Summary Judgment Motions in Arcamm v Avison Young

The SCC has granted leave to appeal the decision in Arcamm v Avison Young, 2024 ONCA 925. The Court is expected to determine whether contributory fault governs the apportionment of damages arising from breach of contract, and to provide, for the first time in over a decade, renewed guidance on realizing the culture shift envisioned in Hryniak v Mauldin, 2014 SCC 7.

Appeal Watch: Can’t Talk to Your Head of State? SCC to rule on Unilingual Lieutenant Governors in New Brunswick in Acadian Society

In the Acadian Society of New Brunswick v The Right Honorable Prime Minister of Canada, the Supreme Court of Canada (“SCC”) will decide whether the Lieutenant-Governor of New Brunswick must be bilingual [41398].  Overturning the decision by the Court of Queen’s Bench of New Brunswick (“NBQB”), the Court of Appeal of New Brunswick (“NBCA”) ruled in the Right Honourable Prime Minister of Canada et al v. La Société de l’Acadie du Nouveau-Brunswick 2024 NBCA 70 (“SANB” ) that the appointment did not contravene the Charter's language provisions.

APPEAL WATCH: Revisiting the admissibility of similar fact evidence in R v Chizanga

The Supreme Court of Canada (“SCC”) will soon hear the appeal of R v Chizanga, 2024 ONCA 545 [Chizanga], in which it will opine on the principles of admitting evidence of prior discreditable conduct [41405].  Building upon the seminal case of R v Handy, 2002 SCC 56 [Handy] which set out the principles for the admissibility of such evidence, this appeal […]

APPEAL WATCH: Alford v Canada (Attorney General) and Parliament's Power over Privilege

What gives way first — Parliament’s power to control its own process, or Parliamentarians’ right to speak freely without fear of prosecution? The Supreme Court of Canada (“SCC”) will soon grapple with this question. It has granted leave [41336] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in Alford v Canada (Attorney General), 2024 ONCA […]

Can't always get what you want: SCC to consider interpretation of insurance contracts in Trillium Mutual Insurance Company v Emond

In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured's recovery of rebuilding costs arising from compliance with regional building regulations. On appeal by leave [41077], the Supreme Court of Canada (“SCC”) will likely provide […]

Taking Another Kick at the Causation Can in R v BF

What is the causal line between attempted murder and aiding suicide? The Supreme Court of Canada (“SCC”) will grapple with this issue as it has granted leave [41420] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in R v BF, 2024 ONCA 511 [BF]. At issue before the court will be the interplay […]

APPEAL WATCH: Lights, Camera, Action - Competition Tribunal applies drip pricing provision

In Canada (Commissioner of Competition) v Cineplex Inc., 2024 Comp Trib 5 [Cineplex], the Competition Tribunal (“Tribunal”) levied penalties of nearly $40 million dollars against Cineplex Inc., finding that Cineplex Inc. made price misrepresentations through its digital ticket purchasing platforms. The decision marks the first contested proceeding involving the recently enacted “drip pricing” deceptive marketing […]