Posts filtered by tags: Supreme Court of Canada[x]


 

Canada: The GGPPA Reference And The National Concern Doctrine - McLennan Ross LLP

The Supreme Court of Canada released its decision[1] on the constitutionality of the Greenhouse Gas Pollution Pricing Act[2] (the "GGPPA" or the "Act") on March 25, 2021, marking an end to the ...
Tags: News, Canada, Supreme Court of Canada, National Concern Doctrine McLennan Ross LLP


Canada: Is Summary Judgment Always The Solution? - Torkin Manes LLP

In 2014, the Supreme Court of Canada's decision Hyrniak v. Mauldin 2014 sec 7, ushered in a new age of civil litigation by enshrining summary judgment as a tool for courts to resolve parties'
Tags: News, Canada, Supreme Court of Canada, Mauldin, Torkin Manes LLP, Hyrniak


Is the Pintea Decision Ensuring SRLs Are Given Appropriate Judicial Guidance and Support?

Self-represented litigants (SRLs) make up a significant percentage of litigants appearing before the court in civil and family cases. In the NSRLP’s 2013 report data provided by provincial ministries of justice indicated that at least 40% of individuals who appeared in provincial family court and at least 30% of litigants in civil court are self-represented. These statistics are staggering, and it is no secret that SRLs face unique challenges within the court systems across Canada. Although it i...
Tags: Supreme Court, Law, Canada, Board, Supreme Court of Canada, CJC, Justice Issues, SRL, Pintea, Assessment Review Board, NSRLP, Lauwers, Judicial Council CJC, Pintea Since, Ontario Assessment Review Board


Universal Design and the Legal System: Part 2, Application (Beginning the Conversation)

In my last Slaw post, I reviewed the concept of “universal design”, which was initiated about 25 years ago to respond to the increased participation of persons with disabilities; at the time, it tended to be limited to the built environment, although it has since expanded to other contexts. In this post, I begin considering how universal design might provide a feasible framework for the legal system. My post of May 5, 2020 also provides background. INTRODUCTION AND REVIEW The significance of uni...
Tags: UK, Law, Canada, Council of Europe, British Columbia, Alberta, Ontario, George, Supreme Court of Canada, Nunavut, Newby, Justice Issues, Human Rights Tribunal, Meredith George, Calgary Legal Guidance, Justice Canada


Canada: Supreme Court Of Canada Finds Federal Act On Greenhouse Gas Pricing Constitutional - Lawson Lundell LLP

In its highly anticipated judgment, the majority of the Supreme Court of Canada found the Greenhouse Gas Pollution Pricing Act constitutional in a split 6-3 decision.
Tags: News, Canada, Supreme Court of Canada


Canada: Supreme Court Of Canada Denies Leave To Appeal And Confirms Québec Courts' Ability To Appoint BIA Receivers - Osler, Hoskin & Harcourt LLP

On April 1, 2021, the Supreme Court of Canada dismissed an application for leave to appeal the decision of the Court of Appeal of Québec (QCA) in Séquestre de Media5 Corporation, 2020 QCCA 943...
Tags: News, Canada, Supreme Court of Canada, Osler Hoskin, Harcourt LLP, Court of Appeal of Québec QCA


Canada: The SCC Leave Project: Predictions For April 1, 2021 - Lenczner Slaght

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on April 1, 2021.
Tags: News, Canada, Supreme Court of Canada, SCC, Lenczner Slaght


Canada: Supreme Court Upholds Greenhouse Gas Pollution Pricing Act - Torys LLP

The Supreme Court of Canada has released its decision in the Reference Re: Greenhouse Gas Pollution Pricing Act.
Tags: News, Supreme Court, Canada, Supreme Court of Canada


Canada: A Matter Of National Concern: The Supreme Court Of Canada Upholds A Federal Price On Carbon - WeirFoulds LLP

On March 25, 2021, the Supreme Court of Canada handed down its decision in the highly anticipated Reference re Greenhouse Gas Pollution Pricing Act.
Tags: News, Canada, Supreme Court of Canada


Canada: Clearing The Air: Supreme Court Upholds Federal Carbon Pricing Regime - Borden Ladner Gervais LLP

The Supreme Court of Canada released its decision yesterday in three references out of Saskatchewan, Ontario and Alberta concerning the constitutionality of the Greenhouse Gas Pollution Pricing Act,...
Tags: News, Canada, Alberta, Supreme Court of Canada, Saskatchewan Ontario


Canada: Peace, Order, And Greenhouse Gasses: Canada's Top Court Affirms Federal GHG Pricing - McCarthy Tétrault LLP

Yesterday, the Supreme Court of Canada released its much anticipated decision in Reference re Greenhouse Gas Pollution Pricing Act. In a 6-3 majority decision, the Supreme Court found...
Tags: News, Supreme Court, Canada, Supreme Court of Canada


Canada: Supreme Court Of Canada Upholds The Greenhouse Gas Pollution Pricing Act: The Ruling And Its Consequences - Burnet, Duckworth & Palmer LLP

On March 25, 2021, the Supreme Court of Canada released its decision in Reference re Greenhouse Gas Pollution Pricing Act, confirming the constitutionality of the...
Tags: News, Canada, Duckworth, Supreme Court of Canada, Palmer LLP


Canada: Divided Supreme Court Finds Greenhouse Gas Pollution Pricing Act Constitutional - Norton Rose Fulbright Canada LLP

In a split 6-3 decision released today, the Supreme Court of Canada found the federal Greenhouse Gas Pollution Pricing Act ("GGPPA") to be constitutional.
Tags: News, Canada, Supreme Court of Canada, Divided Supreme Court, Constitutional Norton Rose Fulbright Canada LLP


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.  2. Mack’s Criminal Law Blog 3. Library Boy 4. Global Workplace Insider 5. Canadian Appeals Monitor Crossroad Family Law Blog Retroactive support issues are often reported by ou...
Tags: Supreme Court, Law, Canada, Mack, Supreme Court of Canada, New York University School of Law, Monday’s Mix, Global Workplace Insider, Mack 's Criminal Law Blog, Globalex Research Guides, Hauser Global Law School Program, Appeals Monitor Peace Order and Greenhouse Gasses


Saving Canada From Climate Change, at the Expense of Federalism

Climate change is the single greatest existential threat facing Canada. Greater than terrorism. Greater than cyber attacks on our digital infrastructure. Even greater than the COVID-19 pandemic. Despite this, Canada has failed miserably in responding to this threat, despite knowing about it for decades. The reasons for this ultimately come down to politics, and narrow interests far too often confined by political cycles. In 2019, Canada’s independent environment auditor, the Commissioner of the ...
Tags: Law, Court, Canada, Paris, Parliament, Council, Alberta, Saskatchewan, Ontario, Manitoba, Henry Viii, Brown, Supreme Court of Canada, Legislative Assembly, Henry VII, Alberta Saskatchewan


Canada's Supreme Court Says Carbon Price Is Constitutional

The Supreme Court of Canada says Prime Minister Justin Trudeau’s national carbon price is entirely constitutional.
Tags: Justin Trudeau, Supreme Court of Canada, Canada s Supreme Court Says Carbon Price


Canada: The SCC Leave Project: Predictions For March 25, 2021 - Lenczner Slaght

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on March 25, 2021.
Tags: News, Canada, Supreme Court of Canada, SCC, Lenczner Slaght


Canada: Supreme Court Of Canada Hears Alta Energy Appeal On Benefits Under Tax Treaties - Osler, Hoskin & Harcourt LLP

On March 19, 2021, the Supreme Court of Canada heard the appeal in Canada v Alta Energy Luxembourg SARL, a case in which the Crown took the position that the taxpayer had engaged in abusive...
Tags: News, Canada, Supreme Court of Canada, Osler Hoskin, Harcourt LLP, Alta Energy Luxembourg SARL, Supreme Court Of Canada Hears Alta Energy


Canada: Inside Insurance: Duty Of Honest Performance In Contractual Relationships – Practical Implications For The Insurance Industry - Cassels

In December 2020, the Supreme Court of Canada revisited1 the duty of honest performance doctrine (or duty of good faith doctrine), which it introduced in 2014 (the Doctrine).
Tags: News, Canada, Supreme Court of Canada, Cassels


Canada: Is Summary Judgment Always The Answer? - Torkin Manes LLP

"Fast justice" does not always equal good justice. In 2014, the Supreme Court of Canada heralded a new age of civil litigation in Hyrniak v. Mauldin, 2014 SCC 7.
Tags: News, Canada, Supreme Court of Canada, Mauldin, Torkin Manes LLP, Hyrniak


Canada: Supreme Court Of Canada Confirms Contractual Discretion Must Be Exercised In Good Faith - Goodmans LLP

In an important case for anyone who drafts, performs or enforces contracts, the Supreme Court of Canada recently considered the scope of the duty to exercise contractual discretion in good faith.
Tags: News, Canada, Supreme Court of Canada


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1 .Jumping off the Ivory Tower Podcast 2. Michael Geist 3. BC Provincial Court eNews 4. University of Alberta Faculty of Law Blog 5. Legal Feeds Jumping off the Ivory Tower Podcast Bl...
Tags: Law, Canada, Heritage, House Of Commons, Supreme Court of Canada, Michael Geist, Provincial Court, Monday’s Mix, University of Alberta Faculty of Law Blog, University of Alberta Faculty, BC Provincial Court, Provincial Court of BC, Steven Guilbeault, Legal Feeds Supreme Court


"Expanding Voting Rights to All Citizens in the Era of Mass Incarceration"

The title of this post is the title of from The Sentencing Project, which gets started this way: In order to strengthen democracy and address significant racial disparities, states must pass reforms establishing universal voting for people impacted by the criminal legal system. 5.2 million people in the United States are currently denied access to the vote because of a felony conviction.  The number of people disenfranchised has grown, from 1.2 million in 1976, as a product of mass incarcerat...
Tags: Law, United States, Dc, Puerto Rico, Supreme Court of Canada, Maine Vermont, Douglas A Berman, Apartheid the Constitutional Court of South Africa


Canada: Lower Court Applies The Supreme Court's New Guidance On Honest Contractual Performance - Pallett Valo LLP

The Court of Queen's Bench of Alberta has released the first lower court decision considering the Supreme Court of Canada's recent changes to the duty of honest contractual performance...
Tags: News, Canada, Supreme Court of Canada, Court of Queen s Bench of Alberta


Reliance on Unredacted and Undisclosed Materials

Criminal law can be differentiated from civil proceedings, where both sides are obligated to provide all relevant evidence, in that there is an inherent asymmetry in the information the Crown possesses. This is particularly important given the burden of proof that is imposed on the Crown.   The B.C. Court of Appeal stated in R. v. C. (M.H.),  [29] …there is a general duty on the part of the Crown to disclose all material it proposes to use at trial and especially all evidence which may assist th...
Tags: Law, Toronto, Acura, Supreme Court of Canada, Jane, Finch, Ontario Court of Appeal, R, SCC, ITO, Substantive Law: Judicial Decisions, Stinchcombe, Jane Street, Ontario Court of Appeal in R, B C Court of Appeal, Garofoli


Procrastination and Decision Writing: Finding the Way

“Sometimes it’s important to stop whatever break you’re taking and just do the work” – New Yorker Cartoon by Bruce Eric Kaplan “Why, then, do so many experts insist that they’ve found the one true and right way? It’s a fact about human nature: when getting advice, we love to receive a precise, standardized template for success, and when giving advice, we love to insist that the strategy that works so well for us will surely work for others. But each of us must find our own way”. Gretchen Rubin, ...
Tags: Supreme Court, Law, Canada, Fca, Cbc, Supreme Court of Canada, Gretchen Rubin, Rasch, Carleton University, Farrier, Michael Enright, Dispute Resolution, Pychyl, Bruce Eric Kaplan, Vavilov, Timothy Pychyl


Looking at Legal Ethics Through the Lens of Family Violence

The words “family violence”, “domestic violence”, “intimate partner violence” and “coercive control” do not appear anywhere in the Federation of Law Societies of Canada . The Code does not typically have special rules for special areas of practice, but family violence is not strictly a family law matter. Family violence can be an issue in immigration and refugee law, employment law, corporate law, criminal law, landlord-tenant law, and real estate law, to name a few.[1] When family violence is ...
Tags: UK, New York, Justice, Law, Canada, Un, Bill, Department Of Justice, Chernobyl, British Columbia, Legal Ethics, Cbc, Supreme Court of Canada, UBC, CBC News, Statistics Canada


Racial Stereotypes as an Aggravating Factor

On Feb. 25, 2021, I provided the keynote speech at Bora Laskin School of Law for Black History Month. I noted that Black History could not be just reduced to slavery, but at the same time the legacy and trauma of that history has significant impacts on our society and justice system today. The Ontario Court of Appeal recently heard an appeal of Justice Nakatsuru’s decision in R. v. Morris, which explored the social circumstances of Black Canadians and its impact on the justice system. Justice Na...
Tags: Supreme Court, Law, Toronto, Canada, Court of appeal, Jackson, Martin Luther King Jr, Black, Ontario, Morris, Kelly, Supreme Court of Canada, Lambert, Armstrong, Danvers, Ontario Court of Appeal


Canada: Supreme Court Explains Duty To Exercise Contractual Discretion In Good Faith - Affleck Greene McMurtry LLP

In a highly anticipated decision, which took over a year to release, the Supreme Court of Canada clarified the parameters of the duty to exercise contractual discretion in good faith in Wastech...
Tags: News, Supreme Court, Canada, Supreme Court of Canada, Affleck Greene McMurtry LLP


Canada: Caveats To The Aggressive Pursuit Of Self-Interest: Revisiting Bhasin And The Good Faith Doctrines - Theall Group LLP

In 2014, the Supreme Court of Canada released Bhasin v Hyrnew, which recognized a general principle of good faith in contractual performance. The decision highlighted
Tags: News, Canada, Supreme Court of Canada, Bhasin, Theall Group LLP, Hyrnew