standard of review

Intentions Matter: Excluding Liability for Statutorily Implied Conditions in Earthco v Pine Valley

In Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20 [Earthco], the Supreme Court of Canada (“SCC”) affirmed that common law principles of contractual interpretation apply to exclusion clauses under the Sale of Goods Act, RSO 1990, c S1 [SGA]. While “express agreement” sufficient to oust SGA liability must include an explicit […]

Keeping Confident about Cabinet Confidentiality: Ontario v Ontario

Vanishing Horizons: Standard Form Contracts on Appeal in Bridging

A New Correctness Category: The SCC Departs from Vavilov in SOCAN

Appeal Watch: Crown must increase annual payments to its Anishinaabe treaty partners in Restoule v Canada

SCC to review standard of care and causation issues in medical negligence suits

Bell Canada: Applying the Vavilov Framework to Super Bowl Ads

Canada (Minister of Citizenship and Immigration) v Vavilov: The Supreme Court of Canada Gifts Administrative Law a New Standard of Review Analysis

Breach of the Peace: ONCA Addresses Police Power to Arrest in Fleming v Ontario

Tensions can run high during political demonstrations, and police are often deployed to monitor the situation and prevent an escalating conflict.  In doing so, police have a common law power to arrest individuals when they believe an arrest may prevent a breach of the peace without the requirement that police believe that the person being […]

R v Vice Media : The Special Role of the Press

When should judges grant police access to a media company’s communications with a source? What if that source is suspected of engaging in terrorist activity? In R v Vice Media Canada Inc., 2018 SCC 53 [Vice] the Supreme Court of Canada (“SCC”) balanced the interests of the media and the state in creating a new […]