public policy

Students’ Rights Carved into Canada’s Copyright Regime: The SCC Affirms the Importance of the Student Perspective in Canada’s Copyright Policies

On July 30, 2021, the Supreme Court of Canada (“SCC” or “the Court”) affirmed students’ rights in York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 [York University]. In a relatively short decision, the SCC distills almost a decade of conflict into a dismissal of both parties’ appeals, while simultaneously disagreeing with […]

R v Sharma: SCC to Determine whether Restrictions on Conditional Sentences Violate the Equality Rights of Indigenous Offenders

Ontario Superior Court Sets Aside Will for Public Policy Grounds: Spence v BMO Trust Company

Last month, in Spence v BMO Trust Company, 2015 ONSC 615 [Spence], the Ontario Superior Court of Justice set aside a will for being contrary to public policy, as the testator’s motivation for excluding one his daughters from his will was racially motivated.