The Supreme Court of Canada (the “SCC”) has granted leave to appeal in Douglas Martin v Worker’s Compensation Board of Alberta, et al., 2012 ABCA 248, with a tentative hearing date of December 10th, 2013. Background Douglas Martin worked for Parks Canada in Banff, Alberta. On December 18th, 2006, Parks Canada delivered a disclosure letter to […]
In Canada (Canadian Human Rights Commission v Canada (Attorney General), [2011] 3 SCR 471, the issue originated in a human rights complaint with the Canadian Human Rights Commission (CHRC), with a claimant alleging that the Canadian Forces had discriminated against her on the ground of sex. The Tribunal awarded damages, and the claimant then applied […]
When deciding cases relating to tax planning - or the minimization of a taxpayer’s tax burden - judges face the daunting task of reconciling a tension between longstanding common law principles and s. 245 of the Income Tax Act, RSC 1985, c.1, the General Anti-Avoidance Rule (GAAR). On the one hand, Lord Tomlin’s holding in […]
Whatcott v Saskatchewan (Human Rights Tribunal) Part I outlined the grounds on which the tribunal’s decision was upheld at the trial level. Whatcott appealed again, and found a sympathetic ear at Saskatchewan’s Court of Appeal. Here is how the rest of Whatcott’s journey to the SCC unfolds. Anti-gay demonstrator Bill Whatcott will soon learn what the […]
In Canada (Canadian Human Rights Commission) v Canada (Attorney General), [2011] 3 SCR 471 [Canada v Canada], Ms. Mowat filed a sexual harrassment complaint against her former employer, the Canadian Forces. The Canadian Human Rights Tribunal ("Tribunal") found that her complaint was partially substantiated and awarded her $4,000 for “suffering in respect of feelings or self respect.” When […]
A short time ago, in Canada, there were three bungling giants in the telecommunications industry: Bell, Rogers, and Telus. By many accounts, when it came to customer service and satisfaction, each was as bad as the other: they forced customers into non-negotiable and eternal contracts, riddled their bills with unexpected charges, and as a final […]
Fair is foul, and foul is fair: an overview The latest development in the David and Goliath saga that is The Canadian Government v Alan N Young is as intriguing as always, yet also somewhat disheartening. It pits Osgoode Hall’s venerable criminal law professor in his role as Co-Founder/Director of the Innocence Project, an organization […]
The Ontario Court of Appeal has released its judgement in R v Huggins, 2010 ONCA 746, a hotly-contended case surrounding a notorious dogfight. In a decision that will be an extreme disappointment to dog-lovers everywhere, the Court ordered that “Ginger” the pit bull be put down immediately.
The Supreme Court of Canada has denied leave to appeal from the Quebec appellate decision of Bellemare v Lisio, 2010 QCCA 859 (French only), ending the well-publicized legal battle over the fate of a public inquest into the death of Michel Berniquez. Nearly eight years have passed since the night Mr. Berniquez died from cardiac […]
This November, the Supreme Court of Canada ("SCC") will weave in and around federal and provincial legislation that has generated consternation over divorce and property division equity in Canadian provinces. The judges will hear party submissions from the Manitoba Court of Appeal ("MCA") decision of Schreyer v Schreyer, 2009 MBCA 84, a judgment that ultimately released […]