In Yatar v TD Insurance Meloche Monnex, 2022 ONCA 446 [Yatar], the Ontario Court of Appeal (“ONCA”) considered the scope of appellants’ right to the remedy of judicial review in cases regarding disputes over statutory accident benefit claims. After considering the relevant factors, it concluded that courts should only grant judicial reviews sparingly in the […]
On January 12, 2023, the Supreme Court of Canada (“SCC”) granted a leave to appeal on a linguistic rights case appealed from the British Columbia Court of Appeal (“BCCA”), R v Tayo Tompouba, 2022 BCCA 117 [Tayo]. In this case, Mr. Franck Yvan Tayo Tompouba, the accused, appealed a conviction for sexual assault on the […]
In Barendregt v Grebliunas, 2022 SCC 22 [Barendregt], the Supreme Court of Canada ("SCC") examines the process by which new information can be introduced by the parties on appeal, specifically in the context of parenting relocation applications. Examining the various interests at play in a relocation application, the SCC ultimately concludes that finality is one […]
On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]
The gruesome killing of Richard Oland—a wealthy businessman and a member of the family that owns the iconic Moosehead Brewery—sent shockwaves throughout the province of New Brunswick, not least given the fact that his son, Dennis Oland, was ultimately convicted of his murder. This controversial murder mystery recently took another interesting twist; on Monday, October […]
In the fall session, the Supreme Court of Canada ("SCC") is set to hear an appeal of Quebec (Attorney General) v Canada (Attorney General), 2013 QCCA 1138 [Long-Gun Registry case]. In the case, Quebec seeks a declaration of constitutional invalidity of section 29 of the Ending the Long-Gun Registry Act ("Bill C-19"). Bill C-19 permits […]
In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]
While the Criminal Code of Canada provides a great many statutory definitions for terms used within, the conception of some of these definitions can evolve over time. This is particularly true with respect to ‘weapon’ and ‘firearm’, as defined in s. 2 of the Code. Indeed, a rare five-judge panel at the Ontario Court of […]
In R v Summers, 2013 ONCA 147 and subsequently R v Curry, 2013 ONCA 420, the Ontario Court of Appeal tackled the issue of exactly what circumstances allow for enhanced credit to be given for pre-sentence custody upon a finding of guilt. Following legislative changes in early 2010, the standard of giving 2:1 credit evaporated […]