The Supreme Court of Canada (“SCC”) has dismissed the appeal in Saskatchewan (Environment) v Métis Nation, 2025 SCC 4 [Métis Nation]. A unanimous court found that proceedings for judicial review which raise similar issues to ongoing or past litigation do not inherently amount to an abuse of process. In doing so, the SCC has clarified the extent to […]
Solicitor-client privilege remains a fundamental right which is only displaced where absolutely necessary. The court in Sakab Saudi Holding Company v Al Jabri, 2025 ONSC 35 [Sakab Saudi] upheld the presumption of solicitor-client privilege protection to a law firm’s trust ledger but found that the motion judge erred in extending that same presumption to the […]
Introduction On April 22, 2022, the Supreme Court of Canada (“SCC”) granted leave to an application for appeal in the Quebec Court of Appeal’s (“QCCA”) decision in Langford Sharp v Autorité des marchés financiers 2021 QCCA 1364 (“Langford”). The case concerns the appropriate standard of review when assessing the decisions of financial regulators and the […]
For the sake of conciseness, this case comment excludes discussion of Justice Jamal’s concurring opinion. If interested, please refer to the original case for further information. Arbitration law and bankruptcy and insolvency law are often said to be at odds with one another. The former rests upon principles of party autonomy and freedom of contract, […]
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 […]
The open court principle has long been a protected right under s. 2(b) of the Canadian Charter of Rights and Freedoms [Charter]. In 1989, the Supreme Court of Canada (“SCC” or “the Court”) confirmed that “the courts must be open to public scrutiny and to public criticism of their operation by the public” (Edmonton Journal […]