civil litigation
Anderson v Alberta: The SCC Revises the Test for “Impecuniosity” and Advance Legal Costs in the Era of Reconciliation
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 […]
SCC to Hear Woman Arrested for Not Holding a Handrail
The Supreme Court of Canada (“SCC”) will hear Bela Kosoian, a woman arrested in a Quebec subway station for failing to hold an escalator handrail. Leave was granted on Thursday, November 15. I will discuss the background, legal framework, and procedural history of this case – which was recently featured in headlines internationally—before offering some […]
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 […]
James Chadwick Rankin v JJ: Considering the Plaintiff’s Criminal Activity in Determining Breach of Duty of Care
Does an owner of a garage owe a duty of care to teenagers who steal and drive the garage’s serviced cars? On October 5, 2017, the Supreme Court of Canada (“SCC”) heard submissions on this unusual question in the case of James Chadwick Rankin cob Rankin’s Garage & Sales v JJ by his Litigation Guardian, […]