Introduction In Nova Chemicals Corporation v The Dow Chemical Company et al., 2022 SCC 43 (“Nova Chemicals”) the Supreme Court of Canada (“SCC”) clarified the test for determining a proper accounting of profits when it is relied upon as a statutory remedy for patent infringement. In the process of doing so, the SCC finally admitted […]
The Supreme Court of Canada (“SCC”) recently granted leave to appeal in the Sherman Estate’s legal battle to keep its probate application private. The appeal will provide the court with an opportunity to revisit the stringent legal test for sealing orders, an issue that has gone largely undiscussed for nearly two decades. Sealing orders, which […]
The Supreme Court of Canada (“SCC”) Justices have the privilege and responsibility of representing Canada’s highest court and last court of appeal. Throughout their time on the bench, they remain apart from the legal bar to maintain objectivity and prevent bias. Yet once retired from the SCC, many justices resume the practice of law. The […]
The legal profession revolves around the giving of advice. People seek legal counsel for a wide variety of issues, including (and perhaps most often) when they are vulnerable. Consequently, lawyers have a professional and legal duty to ensure that when they offer such advice, it is honest and informed. Where it is not, people often […]
The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada ("SCC"), resulting in an unclear way forward for Indigenous communities seeking to protect their Aboriginal and treaty rights during the legislative process. The case arises from the Mikisew Cree Nation’s application for judicial review of […]
Author's Note: This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers. Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]
In the recent R v Antic, 2017 SCC 27 [Antic] decision, the Supreme Court of Canada (“SCC”) provides a much-needed reminder for bail courts across the country to uphold the accused’s right to a reasonable bail under section 11(b) of the Canadian Charter of Rights and Freedoms [Charter] when making decisions on releases. Antic highlights a […]
Osgoode’s Constitutional Cases Conference is the leading constitutional law conference in Canada and a much anticipated annual event. The Conference, now in its 19th year, brings together constitutional law experts and practitioners for insightful analysis of the past year’s Supreme Court of Canada (“SCC”) constitutional judgments. There were a few novelties to this year’s event […]
