Jurisdiction
Aboriginal Law in Multi-Jurisdictional Disputes
The judiciary often hears aboriginal law cases in the context of a dispute with the Crown. Yet consider what would happen if the dispute was multi-jurisdictional: Could one province’s judiciary make binding orders and decisions on another province’s jurisdiction? Would the answer shift depending on access to justice and proportionality concerns? The Supreme Court of […]
SCC to Consider Multinational Corporate Accountability in Araya v Nevsun: A Q&A with Plaintiffs' Counsel
In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a claim for damages at the Supreme Court of British Columbia (“BCSC”) against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company based in Vancouver, for gross […]
Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)
The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada ("SCC"), resulting in an unclear way forward for Indigenous communities seeking to protect their Aboriginal and treaty rights during the legislative process. The case arises from the Mikisew Cree Nation’s application for judicial review of […]
The Ontario Court of Appeal Assumes Jurisdiction over Absent Foreign Claimants
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for determining when Ontario courts can assume jurisdiction over class actions involving absent foreign claimants. This decision provided much-needed clarity on the […]
Highwood Congregation v Wall : SCC Considers Religious Excommunication Appeal
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]
Goliath Strikes Back: The Yaiguaje v Chevron Saga Continues
After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation has struck back with a potentially debilitating blow to the Ecuadorians seeking enforcement of their $9.5 billion award with a motion for security costs. A […]
Corporate Social Responsibility and forum non conveniens: Garcia v Tahoe Resources Inc
Canadian mining companies have been scrutinized for quite some time regarding some misbehaviour that has taken place in foreign countries. The most recent of these was the subject matter in Garcia v Tahoe Resources Inc, 2017 BCCA 39 [Garcia], which started in April of 2013. The story begins with a private security personnel, who was […]
When Court Jurisdiction Meets Statutory Interpretation: Windsor (City) v Canadian Transit Co
When Driedger’s “modern principle” was first articulated in Rizzo v Rizzo Shoes Ltd (Re), [1998] 1 SCR 27 as the SCC’s preferred approach to statutory interpretation, the onerous task of interpretation was thought to finally be resolved. Yet it has always astonished me how frequently the words of a statute continue to give rise to […]
Douez v Facebook: Forum Selection Clauses in Contracts of Adhesion
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court of Appeal (2015 BCCA 279) to stay a proposed class action against Facebook on the basis of a forum selection clause […]