When a contract was signed almost 100 years ago and the original parties have been amalgamated into or become new entities, who are the parties to that contract, and can they act on it? In a nutshell, this is what was at issue in Resolute FP Canada Inc v Hydro-Québec, 2020 SCC 43 [Resolute v […]
As state actors, police officers “must respect the rights and freedoms” of the public that they serve, including when conducting criminal investigations that are in the public interest (R v Ahmad, 2020 SCC 11, para 1) [Ahmad]. As a result, police methods of investigation, while broad, are imposed with necessary constraints to ensure the public’s […]
2020 was an unprecedented year. The COVID-19 pandemic overtook the world, influencing nearly all aspects of everyday life across the globe. At the time of writing, over 1.8 million people have died from COVID-19, including over 15,000 in Canada, with case numbers continuing to rise. It is impossible to reflect on the events of 2020, […]
In Desjardins Financial Services Firm Inc v Asselin, 2020 SCC 30 [“Desjardins”], the Supreme Court of Canada (“SCC”) engaged in a debate about how to properly assess the law of class actions in Quebec. While the words “respectfully disagree” were used by the majority and the dissent, the decision exhibits strong differences of opinion as […]
The Supreme Court of Canada (“SCC”) is usually timid to grant leave to tax law cases. However, earlier this year, we saw the SCC decide MacDonald v. Canada 2020 SCC 6. (You can find our case comment on MacDonald here.) The SCC also granted leave to Canada v. Alta Energy Luxembourg S.A.R.L. 2020 FCA 43 […]
The COVID-19 pandemic has raised a number of concerns about civil liberties and the extent to which they can be curbed to slow the spread of the virus. On one hand is the perspective that rights and freedoms ought to be restricted for a time so as to limit the number of people that are […]
Content warning: The following article contains content regarding sexual offences against a child that may be triggering for some readers. What elements should be considered when determining sentencing principles for sexual offences against children? Are there special factors that need to be considered for these morally reprehensible offences, or do offenders deserve more certainty […]
At the brink of the neighbouring United States presidential election where the recurring public versus private debate healthcare continues to wage on, the Canadian universal healthcare system figures in as either an affordable haven or a wait time nightmare—depending on who you ask. However, contrary to its popular characterization, Canada does not have a completely […]
Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an effects-based test or a purpose-based test. In essence, the anti-deprivation rule does not allow contracting parties to include contractual provisions where, if one party declares […]
Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]