Linda Gibbons is no stranger to the law, and to the fact that it can be a harsh teacher, given that she has spent a fair amount of time in prison for her anti-abortion picketing activities. Labeled by the media as "peaceful but relentless," Gibbons has served a total of nearly nine years behind bars, […]
At some point, we’ve all been there. Be it on Facebook, Twitter, or as the case was for John Baglow and Roger Smith, on a blog, many could quite easily recall an instance in which he or she took to the Internet to discuss the issues of the day. Surely, one need not spend hours […]
The Court Won’t Hear Court versus Church Earlier this week, the Supreme Court of Canada ("SCC") refused to hear the case of Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada 2011 ONCA 728 [Hart]. While the church and the issue may be different, this case can be placed alongside Bentley v. […]
One of the primary considerations that Canadian courts have dealt with when confronting issues of private international law is that of the choice of jurisdiction— whether the court in which the case is being brought in is the one that is legally entitled to hear it. If this is deemed so, the next consideration is […]
The Supreme Court of Canada ("SCC") has recently released its decision in Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9 [Momentous.ca], which is only the first in a series of much awaited rulings of the SCC aimed at clarifying the question of jurisdiction Canadian courts have to hear private international […]
A few years ago I was in Amsterdam with a friend. Unfamiliar with the canal system frenzy, we accidentally found ourselves lost in the notorious Red Light District. As twilight turned to darkness, women began filling the windows of the brothel-laced streets in their invitation to treat. Several wrong turns later, we were completely lost […]
At the Court is a biweekly feature profiling appeals that are scheduled to be heard at the Supreme Court of Canada. R v DC and R v Mabior: Revising Cuerrier? The Supreme Court will be revisiting the highly contentious Cuerrier decision on February 8 when it hears R v DC and R v Mabior together. Given […]
In September 2005, the Supreme Court of Canada ("SCC") held that British Columbia’s Tobacco Damages and Health Care Costs Recovery Act, SBC 2000, c 30 [CRA] was constitutional in British Columbia v Imperial Tobacco Canada Ltd., [2005] 2 SCR 473. The CRA allows the provincial government to recover smoking-related healthcare costs from tobacco companies. In response […]
The legal concept of property is fluid and dynamic. It evolves over time in relation to “changes in the purposes which society or the dominant classes in society expect the institution of property to serve” [CB Macpherson in Mary Jane Mossman & William F Flanagan, eds, Property Law Cases and Commentary (Toronto: Edmond Montgomery Publications) […]
Irate consumers can now ignore arbitration clauses and pursue class action lawsuits against corporations even after signing away their rights to do so in a waiver. In a narrow 5-4 split decision in Seidel v. TELUS Communications Inc., 2011 SCC 15, the Supreme Court of Canada (SCC) ruled that corporations could no longer preclude class actions […]