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The biggest step the Biden administration took on climate yesterday wasn’t rejoining the Paris Agreement

While the Biden Administration is being celebrated for its decision to rejoin the Paris Agreement in one of its first executive orders after President Joe Biden was sworn in, it wasn’t the biggest step the administration took to advance its climate agenda. Instead it was a move to get to the basics of monitoring and accounting, of metrics and dashboards. While companies track their revenues and expenses and monitor for all sorts of risks, impacts from climate change and emissions aren’t tracked ...
Tags: TC, White House, Oil, Articles, Tech, Joe Biden, United States, Greenhouse Gas Emissions, President, Keystone Pipeline, Keystone Xl, Biden, Greenhouse Gas, Director, Chair, Executive


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative de...
Tags: Law, Immigration, Court, Canada, New Brunswick, Alberta, Dunsmuir, MacLean, SCC, Bell Canada, Wednesday: What's Hot on CanLII, Ontario Inc, Pet Valu Canada Inc, ABQB, Imperial Tobacco Canada, Altius Royalty Corporation


Canada: Parting Ways In Good Faith: SCC Clarifies Contract Termination Disclosure Requirements - Gowling WLG

Contracting parties may have to disclose an intention to terminate the contract, despite the existence of a clear contractual provision allowing for unilateral termination.
Tags: News, Canada, SCC


Canada: Keeping Good Faith: The Supreme Court Of Canada Clarifies The Duty Of Honest Contractual Performance - McLennan Ross LLP

In C.M. Callow Inc. v. Zollinger, 2020 SCC 45, the Supreme Court of Canada continued to gradually expand the duty of honesty by outlining those actions that may give rise to a breach.
Tags: News, Canada, Supreme Court of Canada, SCC, Callow Inc


No Trivial Matter

I am a big fan of trivia. I am pretty much undefeated in any game of Trivial Pursuit since the mid-1980s [1] . One night years ago my family thought they might defeat me playing a DVD-video based version of the game. My victory that night has become family legend. [2] A piece of trivia I recently learned was that the Audi automobile company takes its name from the legal maxim, audi alteram partem . The founder, August Horch, could not use his surname as it was part of the trademark ...
Tags: Law, Immigration, Canada, Wu Tang Clan, Audi, Administrative Law, SCC, BC Supreme Court, CRT, Bcca, Vavilov, Booths, August Horch, Vavalov


Callow, Fraser and G: Perspectives on the Role of Law and of the Courts

Three recent Supreme Court of Canada decisions illustrate the very different perspectives or philosophies the judges bring to their consideration of the cases before them. The most recent, CM Callow Inc. v. Zollinger, dealt with the duty of honest performance in contract law, while the other two were concerned with equality issues: Fraser v. Canada (Attorney General), which considered whether the RCMP pension plan discriminated against members (primarily women) who shared jobs, and Ontario (Atto...
Tags: Supreme Court, Law, Court, Canada, Court of appeal, Quebec, Ontario, Brown, RCMP, Abella, Supreme Court of Canada, Cote, Fraser, Rowe, SCC, Royal Commission


Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (November 21 – December 18, 2020 inclusive). Oral Judgments Banking: Fraud; Insurance Co-operators General Insurance Co. v. Sollio Groupe C...
Tags: Law, Court, Court of appeal, Quebec, Miller, WA, SCC, Summaries Sunday, Supreme Advocacy, Supreme Advocacy LLP, Supreme Court of Canada Supreme Advocacy LLP, Supreme Advocacy Letter, Sexual Assault R, Mehari, Slatter, Kasirer


Top Ten Accessed Cases on CanLII From 2020

Reaching December means that it’s time to look at the year in review and share what most interested you in the preceding twelve months through the lens of what court decisions you were all reading. 2020 feels like it’s been a year like no other, but there are things that have been constant and Canadians accessing case law via CanLII has been one of them. That said, there are four current cases on the top ten list this year, compared to three in 2019, and none in 2018. It seems this is because of...
Tags: Law, Canada, New Brunswick, Jordan, Announcements, Dunsmuir, Wright, Sullivan, Uber Technologies Inc, R, SCC, Heller, Sharma, Araya, Ribeiro, Friesen


South Coast Conference cancels season for nine of its junior college sports because of COVID-19 surge

The South Coast Conference, which is part of the California Community College Athletic Association, announced Wednesday, Dec. 10 that it has canceled the season for nine sports because of the coronavirus pandemic conditions in Los Angeles County. The sports were supposed to have an abbreviated season that ran from February through April, but “due to the recent surge of COVID-19 cases,” the conference said in a news release, the presidents of the colleges “unanimously made the difficult decision ...
Tags: California, Sports, Sport, Soccer, High School Sports, Feb, Los Angeles County, SCC, Rio Hondo, California Community College Athletic Association, Sierra Canyon, CIF State, LAUSD Simi Valley School District, South Coast Conference, Long Beach City Mt San Antonio Pasadena City, Rob Wigod Chayden Peery


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69 (CanLII), [2000] 2 SCR 1120 71 The appellants say a regulatory structure that is open to the level of maladministration described in the trial judgment is unconstitutionally underprotective of their constit...
Tags: Law, Newfoundland, Parliament, Customs, Council, Carroll, Marion, Appellant, SCC, Wednesday: What's Hot on CanLII, Guertin, Art Emporium, Canada Minister of Justice, Tsilhqot, Uashaunnuat Innu of Uashat, Customs Tariff


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Anglin v Resler, 2020 ABCA 184 (CanLII) [16] Vicarious liability is not a distinct tort but “a theory that holds one person responsible for the misconduct of another because of the relationship between them”: 671122 Ontario v Sagaz Industries Canada, 2001 SCC 59, para 25, [2001] 2 SCR 98...
Tags: Supreme Court, Law, Toronto, Ontario, Marion, Maple Leaf Foods Inc, SCC, Maple Leaf Foods, Bazley, Anglin, Wednesday: What's Hot on CanLII, Ontario Inc, Resler, Sagaz Industries Canada, Sagaz, Philip H Osborne


Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (October 10 – November 20, 2020 inclusive). Oral Judgments Criminal Law: Jury Challenges R. v. Chouhan, 2020 ONCA 40; 2020 SCC (39062) The ...
Tags: Law, Court, Canada, Court of appeal, Quebec, Antigua, Matta, Reliance, Brown, Reilly, Riley, RCMP, Christopher, Abella, Superior Court, Babos




Canada: On Duty With Diapers: Supreme Court Of Canada Finds An Employer Policy Providing Fewer Pension Benefits To Women With Childcare Obligations Is Discriminatory - CCPartners

In Fraser v. Canada (Attorney General), 2020 SCC 28 ("Fraser"), the Supreme Court of Canada put the interpretation of the right to equality guaranteed by s.
Tags: News, Canada, Supreme Court of Canada, Fraser, SCC, Fraser the Supreme Court of Canada


Canada: SCC Holds Section 12 Charter Protection Against "Cruel Or Unusual Treatment Or Punishment" Not Applicable To Corporations - McMillan LLP

As a penalty for this offence, the Quebec corporation was fined the mandatory minimum of $30,843 pursuant to section 197.1 of the Building Act.
Tags: News, Canada, Quebec, SCC, McMillan LLP


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32 (CanLII) [1] This appeal requires this Court to decide whether s. 12 of the Canadian Charter of Rights and Freedoms protects corporations from cruel and unusual treatment or punishment. Like our colleagues, we conclude that ...
Tags: Law, Quebec, Sami, SCC, Woodhouse, Wednesday: What's Hot on CanLII, Rebel Media, Irwin Toy Ltd, QCCDPHA, Quebec Attorney General, Odhavji Estate


Canada: What-Does-The-SCC-Anti-Deprivation-Rulingmean-For-Your-Contract - Borden Ladner Gervais LLP

The Ontario Court of Appeal in Rivers v. Waterloo Regional Police Services Board has upheld the Superior Court of Justice's determination that it was without jurisdiction to...
Tags: News, Canada, SCC, Superior Court of Justice, Borden Ladner Gervais LLP, Waterloo Regional Police Services Board, Ontario Court of Appeal in Rivers


Summary: ISRO’s draft Space Communications Policy and implementation norms for satellite communications

An Indian National Space Promotion & Authorization Center (IN-SPACe) will be created to authorise satellite communications, according to a proposal by the Department of Space. Under the proposed rules, only Indian entities will be allowed to use satellite communications in India. The Indian Space Research Organisation (ISRO) released a draft Space Based Communication Policy of India, 2020. This policy would serve as a successor to the Satcom Policy, 1997, put out 22 years ago. It also put out a ...
Tags: Travel, News, India, Satellite, PSU, ISRO, Airtel, SCC, Government of India, International Telecommunication Union, SpaceCom, Indian Space Research Organisation ISRO, Department of Space, IN-SPACe, Department of Space Under


Canada: Supreme Court Of Canada Overturns Court Of Appeal In Landmark Bonus Case - Littler - Canada

On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country.
Tags: News, Canada, Matthews, SCC, Supreme Court of Canada SCC, Ocean Nutrition Canada Ltd, Supreme Court Of Canada Overturns Court


Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 2 of 2 Parts]

[The content of this article is closely related to five of my previous posts on Slaw , dated: July 25, 2019 ; April 9, 2020 ; May 29, 2020 ; August 6, 2020 ; and, October 22, 2020 . See also the full text on the SSRN .] Part 1 presented the proposition that the great amount of “emergency relief-type” activity and literature that has been produced by the many access to justice agencies (A2J agencies) in relation to the “A2J problem” of unaffordable lawyers’ services,...
Tags: Justice, Law, Court, Canada, Department Of Justice, University of Toronto, Stanford University, Ontario, Toronto Star, Supreme Court of Canada, Statistics Canada, Law Society, LSO, R, SCC, Monahan


Canada: SCC Leave Denied: Public Authorities — Not Immune To Trademark Infringement Claims - Fogler, Rubinoff LLP

The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision,...
Tags: News, Canada, Federal Court, Supreme Court of Canada, SCC, Quality Program Services Inc, Ontario Energy, Trademark Infringement Claims Fogler Rubinoff LLP


United States: Supreme Court Of Canada Overturns Court Of Appeal In Landmark Bonus Case - Littler Mendelson

On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee's
Tags: News, United States, Matthews, SCC, Littler Mendelson, Supreme Court of Canada SCC, Ocean Nutrition Canada Ltd, Supreme Court Of Canada Overturns Court


Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 1 of 2 Parts]

[The content of this article is closely related to four of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; and, August 6, 2020. See also the full text on the SSRN.] The recent decision of the Supreme Court of Canada in, R. v. Thanabalasingham 2020 SCC 18 (July 17, 2020; by a full Court of 9 Justices), demonstrates why the access to justice problem exists, i.e. the A2J problem of unaffordable legal services for middle- and lower-income people (they being the majority...
Tags: Justice, Supreme Court, Law, California, Court, Toronto, Canada, United Nations, Jordan, Johnson, Smith, British Columbia, Committee, Ontario, Ken, Supreme Court of Canada


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII) [1] In 1970, the Royal Commission on the Status of Women in Canada set out a galvanic blueprint for redressing the legal, economic, social and political barriers to full and fair participation faced by Canadian women for generatio...
Tags: Law, Canada, Baker, Fraser, SCC, Royal Commission, Lacasse, Wednesday: What's Hot on CanLII, L'Heureux Dubé, QCCDPHA, Akelius Canada Inc, 2436196 Ontario Inc, Grenier Naud


Canada: The Pitfalls Of Incentive Compensation: Employer Liable For $1 Million Bonus In Matthews v. Ocean Nutrition Canada Limited - Clark Wilson LLP

The Supreme Court of Canada recently released Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26. In its most recent employment law judgment, the country's top ...
Tags: News, Canada, Matthews, Supreme Court of Canada, SCC, Ocean Nutrition Canada Limited Clark Wilson LLP, Ocean Nutrition Canada Limited


Canada: The Ocean Nutrition Case: An Employee Is Entitled To His Incentive Plan Throughout The Notice Period - Langlois lawyers, LLP

In Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada ("SCC") considered the appropriate remedy
Tags: News, Canada, Matthews, SCC, Supreme Court of Canada SCC, Ocean Nutrition Canada Ltd


Canada: SCC Finds Employee Entitled To Damages For Bonus Triggered During Notice Period - Blake, Cassels & Graydon LLP

On October 9, 2020, the Supreme Court of Canada (SCC) released its decision in Matthews v. Ocean Nutrition Canada Ltd., in which it awarded damages in respect of a bonus payment ...
Tags: News, Canada, Matthews, SCC, Supreme Court of Canada SCC, Blake Cassels, Graydon LLP, Ocean Nutrition Canada Ltd


Canada: SCC Puts Employers On Notice Regarding Long-Term Incentive Plans - Osler, Hoskin & Harcourt LLP

In its decision released on October 13, 2020, the Supreme Court of Canada in Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26, confirmed that the test for limiting language in a long-term incentive plan is very high ...
Tags: News, Canada, SCC, Osler Hoskin, Harcourt LLP, Supreme Court of Canada in Matthews, Ocean Nutrition Canada Limited 2020 SCC


Canada: SCC Confirms Application Of Anti-deprivation Rule - Osler, Hoskin & Harcourt LLP

In Chandos Construction Ltd. v Deloitte Restructuring Inc., the Supreme Court of Canada confirmed the application of the common law anti-deprivation rule in the context of a Bankruptcy and Insolvency Act (BIA) proceeding.
Tags: News, Canada, Supreme Court of Canada, SCC, Osler Hoskin, Harcourt LLP, Chandos Construction Ltd, Deloitte Restructuring Inc


Canada: SCC Clarifies Expansion Of Possible Termination Related Claims Against Employers: Matthews v. Ocean Nutrition Canada Limited - Lawson Lundell LLP

Today, the SCC handed down an important decision for employers in Matthews v. Ocean Nutrition Canada Limited.
Tags: News, Canada, Matthews, SCC, Ocean Nutrition Canada Limited Lawson Lundell LLP