Home » Posts tagged 'Civil Procedure'

Civil Procedure

Saskatchewan v Métis Nation: SCC on Multiple Proceedings, Duty to Consult, and Abuse of Process

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 […]

APPEAL WATCH: SCC To Weigh In On Estoppel In Patrick Street

The Supreme Court of Canada (“SCC”) is set to address critical questions regarding mortgage obligations which create issues of estoppel in the appeal [41296] of Patrick Street Holdings Limited v 11368 NL Inc., 2024 NLCA 11 [Patrick Street].The case raises significant issues about the application of estoppel doctrines and stands to have wide-ranging implications for […]

British Columbia v Council of Canadians with Disabilities: Deciding Public Interest Standing

In British Columbia (Attorney General) v Council of Canadians with Disabilities, 2022 SCC 27 [Council of Canadians SCC], the Supreme Court of Canada (“SCC”) clarified how courts should apply the legal test for deciding whether to grant or deny public interest standing. Public interest standing is “an aspect of the law of standing” that “allows individuals […]

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 […]

To Disclose or Not to Disclose: SCC Grants Leave in Transportation Safety Board of Canada v Kathleen Carroll-Byrne, et al.

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 [Carroll-Byrne], the Transportation Safety Board of Canada (“the Board”) sought to appeal the Supreme Court of Nova Scotia’s (“NSSC”) interlocutory decision (Carroll-Byrne v Air Canada, 2019 NSSC 339 [Air Canada]) to allow the conditional release of the contents of the cockpit voice recorder (“CVR”) of […]

Breaking the News: What the Cases of Marie-Maude Denis and Justin Brake Could Mean for Journalism

Today’s world is difficult for journalists and freedom of the press values. In the United States, President Donald Trump has described independent journalists as the “enemy of the state." Increasingly, we have seen perpetration of acts of violence directed towards journalists, such as the pipe bomb delivered to CNN headquarters in New York City and […]