One-Liners: Leaves to Appeal

Charter: Journalist Sources

Denis v. Côté, 2018 QCCA 611 (38114)
Identity of journalists’ confidential sources.

Posted: Thursday, August 09, 2018

One-Liners: Leaves to Appeal

Tax: Bank Document Disclosure

1068754 Alberta Ltd. v. Agence du revenu du Québec, 2018 QCCA 8 (37999)
Characterization of inter-provincial disclosure demands.

Posted: Thursday, July 26, 2018

One-Liners: Leaves to Appeal

Pensions in Québec: Presumption of Life

Threlfall v. Carleton University, 2017 QCCA 1632 (37893)
Insurance in Québec, re absentee and life only pension.

Posted:

One-Liners: Leaves to Appeal

Family Law in Québec: Recognition of Foreign Judgments

R.S. v. P.R., 2017 QCCA 1470 (37861)
How are family law foreign judgments recognized in Québec.

Posted:

One-Liners: Appeals

Criminal Law: Confidential Informer Information

R. v. Brassington, 2018 SCC 37 (37476)
Not permitted to disclose confidential informer information to counsel.

Posted:

One-Liners: Leaves to Appeal

Constitutional Law: Division of Powers

Transport Desgagnés Inc. v. Wärtsilä Canada Inc., 2017 QCCA 1471 (37873)
Does the matter here fall within federal or provincial jurisdiction.

Posted: Friday, July 20, 2018

One-Liners: Appeals

Civil Procedure/Tobacco Litigation: Disclosure

British Columbia v. Philip Morris International, Inc., 2018 SCC 36 (37524)
Tobacco companies get smoked, on disclosure.

Posted: Friday, July 13, 2018

One-Liners: Appeals

Municipal Law in Québec: Expropriation

Lorraine (Ville) v. 2646‑8926 Québec inc., 2018 SCC 35 (37381)
By-law challenge prescribed; disguised expropriation claim continues.

Posted: Friday, July 06, 2018

One-Liners: Leaves to Appeal

Criminal Law: Fines In Lieu of Forfeiture

Rafilovich v. R., 2017 ONCA 634 (37791)
When can a fine in lieu of forfeiture be ordered.

Posted:

One-Liners: Appeals

Criminal Law: Sentencing; Post-Crime Vigilante Violence

R. v. Suter, 2018 SCC 34 (37247)
Post-crime vigilante violence considered, to limited extent, in sentencing.

Posted: Thursday, July 05, 2018

One-Liners: Leaves to Appeal

Copyright: Federal or Provincial

Keatley Surveying LTD. v. Teranet Inc., 2017 ONCA 748 (37863)
Are survey documents a federal or provincial copyright jurisdiction.

Posted: Thursday, June 28, 2018

One-Liners: Appeals

Charter/Professions: s.15; Freedom of Religion; Standard of Review

Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33 (37209)
Law Society decision, not to approve Law School, upheld.

Posted: Thursday, June 21, 2018

One-Liners: Appeals

Charter/Professions: s.15; Freedom of Religion; Standard of Review

Law Society of British Columbia v.Trinity Western University, 2018 SCC 32 (37318)
Law Society decision, not to approve Law School, upheld.

 

Posted:

One-Liners: Leaves to Appeal

Civil Procedure/Torts: Jurisdiction

Nevsun Resources LTD v. Araya, 2017 BCCA 401 (37919)
What jurisdiction is forum conveniens.

Posted: Friday, June 15, 2018

One-Liners: Appeals

Administrative/Aboriginal Law: Discrimination; Standard of Review

Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31 (37208)
Deference to Tribunal decision; further clarification of standard of review.

Posted:

One-Liners: Appeals

Corrections: Indigenous Offenders

Ewert v. Canada, 2018 SCC 30 (37233)
Research on validity of tools applied to indigenous inmates to be conducted.

Posted: Thursday, June 14, 2018

One-Liners: Appeals

Civil Law: Apportionment of Liability

Montréal (Ville) v. Lonardi, 2018 SCC 29​ (37184)
Rioters not solidarily liable for destroyed vehicles.

Posted: Wednesday, June 13, 2018

One-Liners: Leaves to Appeal

Class Actions: Certification

Sony Corporation, et al. v. Godfrey, 2017 BCCA 302 (37810)
Should this Competition Act class action be certified.

Posted: Friday, June 08, 2018

One-Liners: Leaves to Appeal

Class Actions: Certification

Pioneer Corporation, et al. v. Godfrey, 2017 BCCA 302 (37809)
Should this Competition Act class action be certified.

Posted:

One-Liners: Appeals

Civil Procedure/Defamation: Jurisdiction

Haaretz.com v. Goldhar, 2018 SCC 28​ (37202)
Clarification of test for internet defamation jurisdiction.

Posted: Wednesday, June 06, 2018

One-Liners: Appeals

Professions: Civility

Groia v. Law Society of Upper Canada, 2018 SCC 27​ (37112)
Civility: what is/is not professional misconduct.

Posted:

One-Liners: Appeals

Religious Rights: Judicial Review; Justiciability; Jurisdiction

Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26 (37273)
Religious dogma not decided by courts of law.

Posted: Thursday, May 31, 2018

One-Liners: Appeals

Criminal Law: Withdrawal of Guilty Pleas; Collateral/Immigration Consequences

R. v. Wong, 2018 SCC 25 (37367)
Withdrawing pleas: accused to establish subjective prejudice, objectively assessed.

Posted:

One-Liners: Oral Judgments

Criminal Law: Assault & Sexual Assault

R. v. Gulliver, 2018 SCC 24 (37917) Judgment rendered May 23, 2018
Publication ban; issues include R. v. W. (D.) and alibi; convictions upheld.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Colling, 2018 SCC 23 (37905) Judgment rendered May 23, 2018
Trial judge “stepping into the shoes of counsel” of serious concern; conviction upheld.

Posted:

One-Liners: Oral Judgments

Criminal Law: Failure to Provide Necessities of Life

R. v. Stephan, 2018 SCC 21 (37845) (37846) Judgment rendered May 18, 2018
Actus reus & mens rea conflated, inter alia; new trial.

Posted:

One-Liners: Appeals

Workers’ Comp: Independent Contractors

West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 (37423)
Workers’ comp can apply to independent contractors.

Posted: Friday, May 18, 2018

One-Liners: Leaves to Appeal

Franchises in Québec: Employee v. Independent Contractor

Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, 2017 QCCA 1237 (37813)
Sealing order, in context of franchise dispute & employee v. independent contractor status.

Posted: Thursday, May 17, 2018

One-Liners: Leaves to Appeal

Criminal Law: Official Languages

Bessette v. British Columbia (Attorney General), 2017 BCCA 264 (37790)
French in B.C. courts.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Assault; Prior Consistent Statements

R. v. Cain, 2018 SCC 20 (37926) Judgment rendered May 16, 2018
Appropriate use of prior consistent statement; conviction upheld. Publication ban.

Posted:

One-Liners: Appeals

Torts 101: Negligence; Duty of Care; Foreseeability

Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19 (37323)
Garage owner not liable for car-stealing teens.

Posted:

One-Liners: Leaves to Appeal

Citizenship: Children of Diplomats Born in Canada

Canada (Citizenship and Immigration) v. Vavilov, 2017 FCA 132 (37748)
Citizenship of children of diplomats born in Canada; standard of review.

Posted: Friday, May 11, 2018

One-Liners: Leaves to Appeal

Broadcasting: CRTC Jurisdiction

National Football League, et al. v. Canada (Attorney General), 2017 FCA 249 (37897)
CRTC jurisdiction; standard of review.

Posted:

One-Liners: Leaves to Appeal

Broadcasting: CRTC Jurisdiction

Bell Canada v. Canada (Attorney General), 2017 FCA 249 (37896)
CRTC jurisdiction; standard of review.

Posted:

One-Liners: Appeals

Charter: Equality; Delay in Access

Centrale des syndicats du Québec v. Québec (Attorney General), 2018 SCC 18 (37002)
Delay provision constitutional; saved by the (s.1) bell.

Posted:

One-Liners: Appeals

Charter: Equality; Pay Equity

Québec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux, 2018 SCC 17 (37347)
Clarification of pay equity for women; provincial audit provisions unconstitutional.

Posted:

One-Liners: Leaves to Appeal

Immigration & Refugees: Habeas Corpus

Canada (Public Safety & Emergency Preparedness) v. Chhina, 2017 ABCA 248 (37770)
Refugee status: whether appeal by JR or habeas corpus.

Posted: Wednesday, May 09, 2018

One-Liners: Appeals

Family Law: International Child Abduction

Office of the Children’s Lawyer v. Balev, 2018 SCC 16 (37250)
Use hybrid approach to determine child’s habitual residence.

Posted: Thursday, May 03, 2018

One-Liners: Appeals

Constitutional Law: Interprovincial Trade

R. v. Comeau, 2018 SCC 15 (37398)
Provincial laws can have incidental effects on interprovincial trade.

Posted: Friday, April 20, 2018

One-Liners: Appeals

Criminal Law: Homicide; Unlawful Confinement

R. v. Magoon, 2018 SCC 14 (37416) (37479)
Clarification of elements necessary for “unlawful confinement”.

Posted: Thursday, April 19, 2018

One-Liners: Leaves to Appeal

Labour Law: Definition of “Work Place”

Canada Post Corporation v. Canadian Union of Postal Workers, 2017 FCA 153 (37787)
What is the legal definition of “work place”.

Posted: Thursday, April 12, 2018

One-Liners: Leaves to Appeal

Criminal Law: 90-Day Bail Reviews

C.L.J.M. v. R., 2017 BCSC 1717 (37869)
There is a publication ban in this case in the context of a 90-day bail review.

Posted:

One-Liners: Leaves to Appeal

Class Actions in Québec: Certification

L’Oratoire Saint-Joseph du Mont-Royal v. J. J., 2017 QCCA 1460 (37855)
Should the class action herein be authorized.

Posted: Thursday, April 05, 2018

One-Liners: Oral Judgments

Criminal Law: Sexual Interference

R.A. v. Her Majesty The Queen2018 SCC 13 (37757) Judgment rendered March 26, 2018
Publication ban; sexual interference conviction; appeal dismissed, 4:1.

Posted:

One-Liners: Appeals

Criminal Law: Influence Peddling

R. v. Carson, 2018 SCC 12 (37506)
Constituent elements of influence peddling clarified.

Posted: Friday, March 23, 2018

One-Liners: Leaves to Appeal

Tax: Deemed Trusts

Callidus Capital Corporation v. R., 2016 FCA 162 (37768)
What is a tax deemed trust effective against.

Posted: Thursday, March 22, 2018

One-Liners: Leaves to Appeal

Class Actions: Litigate or Arbitrate

TELUS Communications Inc. v. Avraham Wellman, 2017 ONCA 433 (37722)
Can class actions be arbitrated instead of litigated.

 

Posted:

One-Liners: Oral Judgments

Labour Law: Representation Orders

International Brotherhood of Electrical Workers (IBEW) Local 773 v. Lawrence2018 SCC 11 (37617) Judgment rendered March 21, 2018
Proper way to sue trade unions: representation order.

Posted:

One-Liners: Oral Judgments

Criminal Law: Judges’ Reasons

R. v. Black, 2018 SCC 10 (37665) Judgment rendered March 15, 2018
Trial judge reasons not adequate; new trial ordered.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: DUI

R. v. Cyr-Langlois, 2017 QCCA 1033 (37760)
Was the necessary DUI observation period observed.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Assault with a Weapon

R. v. A.G.W., 2018 SCC 9 (37795) Judgment rendered Feb. 19, 2018
Conviction for sexual assault with a weapon upheld.

Posted: Thursday, March 08, 2018

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. G.T.D., 2018 SCC 7 (37756) Judgment rendered Feb. 19, 2018
“Hold off” duty on the part of police confirmed.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. A.R.J.D., 2018 SCC 6 (37715) Judgment rendered Feb. 13, 2018
Error of law to judge credibility on expected behaviour of stereotypical victims of sexual assault.

Posted: Thursday, February 22, 2018

One-Liners: Appeals

Contracts/Trusts: Labour & Material Bonds

Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8 (37272)
Re labour and material bond context, trustee has duty to inform beneficiary of trust.

Posted:

One-Liners: Appeals

Criminal Law: Publication Bans

R. v. Canadian Broadcasting Corp., 2018 SCC 5 (37360)
No Crown injunction re publication ban.

Posted: Thursday, February 15, 2018

One-Liners: Leaves to Appeal

Civil Procedure/Class Actions: Jurisdiction

J.W. and REO Law Corporation, et al. v. Attorney General of Canada, 2017 MBCA 54 (37725)
What conduct is covered by the Residential Schools Agreement.

Posted: Thursday, February 08, 2018

One-Liners: Appeals

Aboriginal Law: Pre-Confederation Fiduciary Breaches

Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development), 2018 SCC 4 (36983)
Federal government can be liable for pre-confederation fiduciary breaches.

Posted: Friday, February 02, 2018

One-Liners: Appeals

Workers’ Comp in Québec: Duty to Accommodate

Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, 2018 SCC 3 (36605)
Duty to accommodate under Québec workers’ comp regime.

Posted:

One-Liners: Appeals

Administrative Law/Human Rights: Standing; Discriminatory Practices

Delta Air Lines Inc. v. Lukács, 2018 SCC 2 (37276)
Canadian transportation agency’s decision here not reasonable.

Posted: Friday, January 19, 2018

One-Liners: Oral Judgments

Criminal Law: Failure to Stop

R. v. Seipp2018 SCC 1 (37513) Judgment rendered Jan. 18, 2018
Controlling a MV in an accident then fleeing the scene = proof of mens rea.

Posted:

One-Liners: Appeals

Criminal Law: Dangerous Offender; Indeterminate Sentencing

R. v. Boutilier, 2017 SCC 64 (37168)
Constitutionality of dangerous offender indeterminate sentencing regime upheld.

Posted: Thursday, January 11, 2018

One-Liners: Appeals

Torts: Negligence; Negligent Misrepresentation

Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63 (36875)
Torts 101, plus pure economic loss.

Posted: Thursday, December 21, 2017

One-Liners: Appeals

Employment Law/Human Rights: Discrimination

British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62 (37041)
Human rights legislation covers discriminatory conduct with sufficient nexus to employment.

Posted: Wednesday, December 20, 2017

One-Liners: Leaves to Appeal

Criminal Law: Internet Luring; Exclusion of Evidence

Mills v. R., 2017 NLCA 12 (37518)
Can evidence here be excluded.

Posted: Friday, December 15, 2017

One-Liners: Leaves to Appeal

Criminal Law: Child Porn; Search and Seizure

T.R. v. R., 2017 ONCA 365 (37676)
Was police seizure of material legal.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Child Luring

R. v. Morrison, 2017 ONCA 582 (37687)
Constitutionality of mandatory minimum for child luring.

Posted:

One-Liners: Appeals

Wills & Estates: Proprietary Estoppel

Cowper-Smith v. Morgan, 2017 SCC 61 (37120)
Clarification as to necessary elements to prove proprietary estoppel.

Posted:

One-Liners: Appeals

Criminal Law: Text Messages; Production Orders

R. v. Jones, 2017 SCC 60 (37194)
Police can use production orders to obtain stored text messages from service providers.

Posted: Thursday, December 14, 2017

One-Liners: Appeals

Criminal Law: Text Messages; Reasonable Expectation of Privacy

R. v. Marakah, 2017 SCC 59 (37118)
Can have a reasonable expectation of privacy re texts sent to another’s phone.

Posted:

One-Liners: Appeals

Aboriginal Law: Treaty Rights

First Nation of Nacho Nyak Dun v.Yukon, 2017 SCC 58 (36779)
Government conduct in land use plan approval process.

Posted: Thursday, December 07, 2017

One-Liners: Leaves to Appeal

Criminal Law: Production Orders

Vice Media Canada Inc. v. R., 2017 ONCA 231 (37574)
Should production order targeting media be set aside.

Posted: Thursday, November 30, 2017

One-Liners: Leaves to Appeal

Civil Procedure: Third Party Discovery Orders

Rogers Communications Inc. v. Voltage Pictures, LLC, 2017 FCA 97 (37679)
Clarification re procedures and costs of third party discovery orders.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Victim Surcharges

Tinker v. R., 2017 ONCA 552 (37774)
Are victim surcharges constitutional.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Victim Surcharges

Eckstein v. R., 2017 ONCA 552 (37782)
Are victim surcharges constitutional.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Victim Surcharges

Larocque v. R., 2017 ONCA 552 (37783)
Are victim surcharges constitutional.

Posted:

One-Liners: Appeals

Criminal Law: Joint Trials

R. v. Sciascia, 2017 SCC 57 (37155)
“Provincial” court can try provincial & summary conviction criminal charges together.

Posted:

One-Liners: Leaves to Appeal

Trusts: How Are Trust Assets Characterized

S.A. v. Metro Vancouver Housing Corporation, 2017 BCCA 2 (37551)
What is the legal characterization of trust assets.

Posted: Friday, November 17, 2017

One-Liners: Leaves to Appeal

Tax: Liability For Tax Planning

Brunette v. Legault Joly Thiffaut, 2017 QCCA 391 (37566)
Can there be liability for tax planning advice.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure in Québec: Recognition of Foreign Judgments

Barer v. Knight Brothers LLC, 2017 QCCA 597 (37594)
How is a U.S. judgment enforced in Québec.

Posted:

One-Liners: Appeals

Professions: Non-lawyers; Standard of Review

Barreau du Québec v. Quebec (Attorney General), 2017 SCC 56 (37034)
Non-lawyers may represent the Québec government before the Commission des affaires sociales.

Posted: Wednesday, November 15, 2017

One-Liners: Leaves to Appeal

Bankruptcy & Receivership/Oil & Gas: Orphan Wells

Orphan Well Association v. Grant Thornton Limited, 2017 ABCA 124 (37627)
Enforcement of, and compliance with, environmental remediation orders.

Posted: Friday, November 10, 2017

One-Liners: Appeals

Labour Law: Management Rights; s. 7 Liberty Interests

Association of Justice Counsel v. Canada (Attorney General), 2017 SCC 55 (37014)
Management directive not reasonable; does not engage s.7 liberty interests.

Posted: Thursday, November 09, 2017

One-Liners: Leaves to Appeal

Civil Procedure: Official Languages

Mazraani v. Industrielle Alliance, Assurance et Services Financiers Inc., 2017 CAF 80 (37642)
What are the language rights of a witness.

Posted: Friday, November 03, 2017

One-Liners: Oral Judgments

Criminal Law: Perjury

Millington v. R., 2017 SCC 53 (37235) Judgment rendered Nov. 1, 2017
Perjury conviction upheld.

Posted:

One-Liners: Oral Judgments

Criminal Law: Perjury

Robinson v. R., 2017 SCC 52 (37411) Judgment rendered Nov. 1, 2017
Perjury conviction upheld.

Posted:

One-Liners: Appeals

Aboriginal Law: Freedom of Religion

Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (36664)
Resort approval does not infringe First Nation’s freedom of religion.

Posted:

One-Liners: Appeals

Banks: Cheque Fraud

Teva Canada Ltd. v. TD Canada Trust, 2017 SCC 51 (36918)
When can banks rely on defence of false payee re conversion.

Posted: Thursday, November 02, 2017

One-Liners: Leaves to Appeal

Labour Law: Capacity of Union & Directors To Be Sued

International Brotherhood of Electrical Workers v. Lawrence, 2017 ONCA 321 (37617)
When does a union and its directors have the capacity to be sued.

Posted: Thursday, October 26, 2017

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Bourgeois, 2017 ABCA 32 (37461) Judgment rendered Oct. 16, 2017
(Sexual assault) conviction not illogical, irrational, or unreasonable.

 

 

Posted:

One-Liners: Appeals

Criminal Law/Immigration: “serious criminality”; Statutory Interpretation

Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50 (36784)
“serious criminality” re deportation clarified.

Posted:

One-Liners: Appeals

Torts/Municipal Law in Québec: Prescriptive Periods

Montréal (City) v. Dorval, 2017 SCC 48 (36752)
Wrongful death action against municipality can proceed.

Posted: Thursday, October 19, 2017

One-Liners: Leaves to Appeal

Professions in Québec: Liability for Referral

Salomon v. Matte-Thompson, 2017 QCCA 273 (37537)
Can lawyers be liable for professional referrals.

Posted: Thursday, October 12, 2017

One-Liners: Appeals

Aboriginal Law: Document Retention/Destruction

Canada (Attorney General) v. Fontaine, 2017 SCC 47 (37037)
Indian Residential Schools Settlement Agreement records may be destroyed.

Posted:

One-Liners: Appeals

Civil Procedure/Class Actions: Discovery; Disclosure

Canada (Attorney General) v. Thouin, 2017 SCC 46 (36869)
Provincial discovery rules inapplicable where Crown not a party.

Posted: Thursday, September 28, 2017

One-Liners: Leaves to Appeal

Criminal Law: (Alleged) Inappropriate Police Actions

R., A.G. Canada v. D.B. et al., 2017 BCCA 84 (37476)
Were police actions appropriate herein.

Posted: Thursday, September 21, 2017

One-Liners: Appeals

Extradition

India v. Badesha, 2017 SCC 44 (36981)
Surrender orders reasonable, not otherwise unjust or oppressive.

Posted: Thursday, September 14, 2017

One-Liners: Leaves to Appeal

Family Law: Life Insurance; Constructive Trusts

Moore v. Sweet, 2017 ONCA 182 (37546)
Re family law, when is there a constructive trust for life insurance policies.

Posted: Thursday, August 17, 2017

One-Liners: Appeals

Contracts in Québec: Renewal Clauses

Uniprix inc. v. Gestion Gosselin et Bérubé inc., 2017 SCC 43 (36718)
Unilateral renewal clauses in contracts are valid.

Posted: Thursday, August 03, 2017

One-Liners: Appeals

Administrative Law in Québec: Arbitral Jurisdiction; Standard of Review; Standing

Québec (Attorney General) v. Guérin, 2017 SCC 42 (36775)
Standard of review re arbitrator interpreting enabling legislation (whether dispute arbitrable) reasonableness.

Posted: Friday, July 28, 2017

One-Liners: Appeals

Aboriginal Law: Duty to Consult

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41 (36776)
Crown may rely on administrative process to partially or completely fulfill duty to consult.

Posted: Thursday, July 27, 2017

One-Liners: Appeals

Aboriginal Law: Duty to Consult

Clyde River (Hamlet) v. Petroleum Geo‑Services Inc., 2017 SCC 40 (36692)
Crown may rely on administrative process to partially or completely fulfill duty to consult.

Posted:

One-Liners: Leaves to Appeal

Constitutional Law: Parliamentary Privilege

Chagnon v. Syndicat de la fonction publique et parapublique du Québec (SFPQ), 2017 QCCA 271 (37543)
What does (provincial) parliamentary privilege cover.

Posted: Thursday, July 20, 2017

One-Liners: Leaves to Appeal

Civil Procedure: Tobacco Litigation; Disclosure; Privacy

HMTQ v. Philip Morris International, Inc. 2017 BCCA 69 (37524)
What has to be disclosed in tobacco litigation.

Posted:

One-Liners: Appeals

Corporations: Oppression Remedy

Wilson v. Alharayeri, 2017 SCC 39 (36689)
Confirmation that corporate directors can be liable personally for oppression.
 

Posted:

One-Liners: Appeals

Criminal Law: Mistake of Age Defence

R. v. George, 2017 SCC 38 (37372)
Clarification of mistake of age defence.

Posted: Friday, July 07, 2017

One-Liners: Appeals

Criminal Law: DUI

R. v. Alex, 2017 SCC 37 (36771)
Crown need not prove demand was “lawful” re procedural “shortcuts”.

Posted:

One-Liners: Appeals

Pharmaceutical Patents: “Promise of the Patent” Doctrine re Utility

AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36 (36654)
“Promise Doctrine” not correct approach re patent invalidity for want of utility.

Posted: Friday, June 30, 2017

One-Liners: Appeals

Criminal Law: Hearsay

R. v. Bradshaw, 2017 SCC 35 (36537)
Hearsay test re-calibrated.

Posted:

One-Liners: Appeals

Civil Procedure/Technology: Worldwide Interlocutory Injunction

Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (36602)
Worldwide interlocutory injunction against Google upheld.

Posted: Wednesday, June 28, 2017

One-Liners: Appeals

Civil Procedure/International Law: Forum Selection Clauses

Douez v. Facebook, Inc., 2017 SCC 33 (36616)
Forum selection clause in this consumer contract unenforceable.

Posted:

One-Liners: Appeals

Contracts/Arbitration/Natural Resources: Standard of Review

Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 (36595)
Standard of review — reasonableness — for commercial arbitration.

Posted: Friday, June 23, 2017

One-Liners: Appeals

Criminal Law: Doubling-down on Jordan

R. v. Cody, 2017 SCC 31 (37310)
S.C.C. doubles-down on Jordan delay principles.

Posted: Thursday, June 22, 2017

One-Liners: Leaves to Appeal

Criminal Law: Search & Seizure; Right to Counsel

R. v. Patrick, 2017 BCCA 57 (37514)
Is evidence admissible; & was there right to counsel. (Oral hearing ordered)

Posted: Friday, June 16, 2017

One-Liners: Appeals

Human Rights: Drug Dependency

Stewart v. Elk Valley Coal Corp., 2017 SCC 30 (36636)
What constitutes workplace disability discrimination.

Posted:

One-Liners: Appeals

Professions in Québec: Legal Fees; Prescription

Pellerin Savitz LLP v. Guindon, 2017 SCC 29 (36915)
Clarification of prescription principles in Québec.

Posted: Thursday, June 15, 2017

One-Liners: Leaves to Appeal

Criminal Law: Failure to Stop at the Scene

R. v. Seipp, 2017 BCCA 54 (37513)
When should there be conviction for failure to stop at the scene.

Posted: Friday, June 09, 2017

One-Liners: Appeals

Torts: Proving Mental Injury

Saadati v. Moorhead, 2017 SCC 28 (36703)
A recognizable psychiatric illness not required to recover for mental injury.

Posted: Thursday, June 08, 2017

One-Liners: Leaves to Appeal

Municipal Law in Québec: By-Laws

2646-8926 Québec inc. v. Lorraine (Town of), 2016 QCCA 1803 (37381)
Validity of municipal conservation by-laws.

Posted: Friday, June 02, 2017

One-Liners: Appeals

Criminal Law: Bail

R. v. Antic, 2017 SCC 27 (36783)
Clarification of proper approach to applying Criminal Code bail provisions.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Victim Surcharge

Boudreault v. R., 2016 QCCA 1907 (37427)
Are victim surcharges constitutional.

Posted: Thursday, June 01, 2017

One-Liners: Leaves to Appeal

Insurance in Québec: “Care, Custody & Control” Exclusions

Compagnie canadienne d’assurances générales Lombard v. Promutuel Portneuf-Champlain, société mutuelle d’assurances générales, 2016 QCCA 1903 (37422)
Does the “care, custody & control” exclusion apply in a park n’ fly context.

Posted: Thursday, May 25, 2017

One-Liners: Leaves to Appeal

Insurance in Québec: “Care, Custody & Control” Exclusions

Compagnie canadienne d’assurances générales Lombard v. Promutuel Portneuf-Champlain, société mutuelle d’assurances générales, 2016 QCCA 1903 (37421)
Does the “care, custody & control” exclusion apply in a park n’ fly context.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Perjury

R. v. Robinson, 2017 BCCA 6 (37411)
Is perjury substantiated.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Perjury

R. v. Millington, 2016 BCCA 293 (37235)
Is perjury substantiated.

Posted:

One-Liners: Leaves to Appeal

Aboriginal Law: Duty to Consult

Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311 (37441)
Is a duty to consult part of the legislative process

Posted:

One-Liners: Appeals

Professions: Costs Against Lawyers Personally

Québec (Criminal and Penal Prosecutions) v. Jodoin, 2017 SCC 26 (36539)
When are costs payable by lawyers personally.

Posted: Friday, May 12, 2017

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. George, 2016 SKCA 155 (37372) Judgment rendered April 28, 2017
Publication ban, in the context of “factually consensual” sex with a 14-year-old complainant.

Posted:

One-Liners: Leaves to Appeal

Workers Comp: Administrative Penalties

West Fraser Mills Ltd. v. B.C. (Workers’ Compensation Appeal Tribunal), 2016 BCCA 473 (37423)
When can administrative penalties be levied in workers comp cases.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: DUI; Disclosure

R. v. Vallentgoed, 2016 ABCA 358 (37403)
What breathalyzer information must be disclosed.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: DUI; Disclosure

R. v. Gubbins, 2016 ABCA 358 (37395)
What breathalyzer information must be disclosed.

Posted:

One-Liners: Leaves to Appeal

Constitutional Law: Interprovincial Trade

R. v. Comeau, 2016 CanLII 73665 (37398)
Can provincial law constitutionally block interprovincial trade.

Posted:

One-Liners: Leaves to Appeal

Labour Law: Pay Equity

Québec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux, 2016 QCCA 1659 (37347)
How does Québec’s Pay Equity Act apply here.

Posted: Thursday, May 04, 2017

One-Liners: Oral Judgments

Criminal Law: Pre-Charge Delay

R. v. Hunt, 2016 NCLA 61 (37314) Judgment rendered April 27, 2017
Fraud case sent to trial; pre-charge delay not unconstitutional.

Posted:

One-Liners: Leaves to Appeal

Family Law: Hague Convention

Balev v. Baggott, 2016 ONSC 55 (37250)
Applicability of Hague Convention to a Canada v. Germany factual matrix.

Posted:

One-Liners: Oral Judgments

Labour Law in Québec: Mootness

Lajeunesse (Re) (37320) Judgment rendered April 21, 2017
Labour strike over; appeal moot.

Posted:

One-Liners: Oral Judgments

Civil Procedure: Civil Contempt; Self-Reps

Pintea v. Johns, 2016 ABCA 99 (37109) Judgment rendered April 21, 2017
Civil contempt requires proof beyond a reasonable doubt of actual knowledge.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure in Québec: Good Faith Principle

Churchill Falls (Labrador) Corporation Ltd. v. Hydro-Québec, 2016 QCCA 1229 (37238)
When does the principle of good faith apply in contract interpretation/renegotiation.

Posted: Thursday, April 27, 2017

One-Liners: Leaves to Appeal

Charter: Religious Freedom

Wall v. Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255 (37273)
Can a secular court re-decide a religious association’s religious decision.

Posted: Thursday, April 20, 2017

One-Liners: Appeals

Civil Law: Acquisitive Prescription

Ostiguy v. Allie, 2017 SCC 22 (36694)
Acquisitive prescription applies without judicial application.

Posted: Thursday, April 13, 2017

One-Liners: Oral Judgments

Criminal Law: Historical Sexual Offences

R. v. Savard, 2016 QCCA 380 (36908) Judgment rendered April 3, 2017
Convictions for sexual offences upheld (4:1).

Posted:

One-Liners: Oral Judgments

Insurance in Québec: Exclusions; Police Chases

Desjardins Financial Security Life Assurance Company v. Émond, 2016 QCCA 161 (36919) Judgment rendered March 31, 2017
Civil Code art. 2402 applies only to indictable offences.

Posted:

One-Liners: Leaves to Appeal

Human Rights/Charter/Aboriginal Law: Equality Challenges; Jurisdiction

Canadian Human Rights Commission v. Canada (Attorney General), 2016 FCA 200 (37208)
What can a Human Rights Tribunal deal with versus a court.

Posted: Thursday, April 06, 2017

One-Liners: Leaves to Appeal

Criminal Law: (Alleged) Ineffective Assistance of Counsel

R. v. Wong, 2016 BCCA 416 (37367)
When can alleged ineffective assistance of counsel be a defence.

Posted:

One-Liners: Appeals

Professions: Mandatory CPD

Green v. Law Society of Manitoba, 2017 SCC 20 (36583)
Mandatory CPD still mandatory.

Posted:

One-Liners: Appeals

Insurance in Québec: Injury by Third Parties

Godbout v. Pagé, 2017 SCC 18 (36385) (36388)
Scope of Québec’s no-fault scheme for bodily injury by third parties.

Posted: Thursday, March 30, 2017

One-Liners: Appeals

Criminal Law: Bail Pending Appeal

R. v. Oland, 2017 SCC 17 (36986)
Clarification of proper test to determine bail pending appeal.

Posted: Friday, March 24, 2017

One-Liners: Oral Judgments

Criminal Law: Role of Courts of Appeal

R. v. S.B., 2016 NLCA 20 (37042) Judgment rendered March 22, 2017
Courts of Appeal not to draw own conclusions re strength/significance of evidence.

Posted:

One-Liners: Appeals

Criminal Law: Confessions; Warrantless Entry

R. v. Paterson, 2017 SCC 15 (36472)
Confessions rule no application here; police entry not justified.

Posted:

One-Liners: Oral Judgments

Criminal Law: Search Warrant Disclosure

R. v. McKay, 2016 BCCA 391 (37315)
What has to be disclosed re search warrants.
(Oral hearing ordered)

Posted: Friday, March 17, 2017

One-Liners: Leaves to Appeal

Torts: MVA’s

J.J. v. C.C.2016 ONCA 718 (37323)
Who, why, & what proportion, is there liability re range of issues leading to an MVA.

Posted: Thursday, March 16, 2017

One-Liners: Leaves to Appeal

Criminal Law: Inmates

Canada v. Ewert2016 FCA 203 (37233)
How do psychological assessment tools apply to Aboriginal inmates.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Disclosure

Awashish v. R., 2016 QCCA 1164 (37207)
What has to be disclosed.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Contempt

R. v. Canadian Broadcasting Corporation, 2016 ABCA 326 (37360)
Was criminal contempt made out.

Posted:

One-Liners: Leaves to Appeal

Construction Law: Labour & Materials Bonds

Valard Construction Ltd v. Bird Construction Company, 2016 ABCA 249 (37272)
Is the construction bond claimable.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure: Jurisdiction

Goldhar v. Haaretz.com, 2016 ONCA 515 (37202)
Is Ontario or Israel a more appropriate forum.

Posted:

One-Liners: Leaves to Appeal

Bankruptcy & Insolvency: Doctrine of Equitable Subordination

U.S. Steel Canada Inc. (Re)2016 ONCA 662 (37284)
Does equitable subordination apply in CCAA.

Posted:

One-Liners: Appeals

Criminal Law/Securities: Trial by Jury

R. v. Peers, 2017 SCC 13 (36865), R. v. Aitkens, 2017 SCC 14 (36866)
Appellants not entitled to jury trials here.

Posted: Friday, February 24, 2017

One-Liners: Oral Judgments

Criminal Law: Sexual Assault Causing Bodily Harm

R. v. Olotu, 2016 SKCA 84 (37167) Judgment rendered Feb. 23, 2017
Conviction upheld, appeal dismissed; “substantially” for the reasons of Jackson. J.A., and no Beaudry error.

Posted:

One-Liners: Leaves to Appeal

Professions/Universities: First Christian Law School in Canada

Trinity Western University v. The Law Society of British Columbia, 2016 BCCA 423 (37318)
Can Law Societies decline to accredit faith-based law schools on the basis of a Community Covenant.

Posted:

One-Liners: Leaves to Appeal

Professions/Universities: First Christian Law School in Canada

Trinity Western University v. The Law Society of Upper Canada, 2016 ONCA 518 (37209)
Can Law Societies decline to accredit faith-based law schools on the basis of a Community Covenant.

Posted:

One-Liners: Leaves to Appeal

Transportation/Human Rights: Discrimination

Lukács v. Canada (Transportation Agency), 2016 FCA 220 (37276)
Who has standing to file complaints with the Canadian Transportation Agency.

Posted:

One-Liners: Appeals

Criminal Law: Drug Impaired

R. v. Bingley, 2017 SCC 12 (36610)
Voir dire not required in this case to decide expertise of drug recognition expert.

Posted:

One-Liners: Oral Judgments

Criminal Law: K.G.B. Statements

R. v. Brown, 2016 ABCA 192 (37153) Judgment rendered Feb. 21, 2017
K.G.B. statements herein admissible.

Posted:

One-Liners: Oral Judgments

Criminal Law: Alibis; Similar Fact

R. v. Clifford2016 BCCA 336 (37140) Judgment rendered Feb. 20, 2017
Appeal dismissed “substantially for the reasons of Willcock J.A.” in the C.A.

Posted:

One-Liners: Appeals

Real Property/Civil Procedure: Adverse Possession; Inconsistent Use Doctrine; Evidentiary Gaps; Role of Trial Judges v. C.A.; Costs

Nelson (City) v. Mowatt, 2017 SCC 8 (36999)
Clarification re adverse possession; role of trial judges v. Courts of Appeal.

Posted: Thursday, February 23, 2017

One-Liners: Leaves to Appeal

Professions: Discipline

Groia v.The Law Society of Upper Canada, 2016 ONCA 471 (37112)
Can in-court conduct be professional misconduct.

Posted: Thursday, February 09, 2017

One-Liners: Leaves to Appeal

Municipal Law in Québec: Riot Damage

Montréal (City of) v. Lonardi et al., 2016 QCCA 1022 (37184)
When are rioters liable for damage.

Posted:

One-Liners: Appeals

Insurance: Underinsured Motorist Coverage

Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7 (36575)
Future CPP disability payments not deductible from amounts payable by insurer.

Posted:

One-Liners: Appeals

Elections: “Small-Scale” Advertising; s.1 Requirements

B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2017 SCC 6 (36495)
“Small-scale” election advertising constitutionally valid.

Posted: Friday, January 27, 2017

One-Liners: Oral Judgments

Criminal Law: Party to an Offence

R. v. Natewayes, 2015 SKCA 120 (36793) Judgment rendered Jan. 23, 2017
Driving colleagues to and from crimes makes one a party to same (here, manslaughter).

Posted:

One-Liners: Oral Judgments

Criminal Law: Officially Induced Error of Law

R. v. Bédard2016 QCCA 807 (37071) Judgment rendered Jan. 23, 2017
Conditions for officially induced error of law defence not met here.

Posted:

One-Liners: Oral Judgments

Criminal Law: Telewarrants

R. v. Clark, 2015 BCCA 488 (36813) Judgment rendered Jan. 19, 2017
Process to obtain telewarrant upheld.

Posted:

One-Liners: Oral Judgments

Criminal Law: DNA Evidence

R. v. Awer, 2016 ABCA 128 (37021) Judgment rendered Jan. 19, 2017
DNA evidence not appropriately dealt with at trial; new trial ordered.

Posted:

One-Liners: Appeals

Constitutional/Administrative Law: Charter Damages; Judicial Review

Ernst v. Alberta Energy Regulator, 2017 SCC 1 (36167)
Judicial review more effective remedy than Charter damages here.

Posted: Thursday, January 19, 2017

One-Liners: Leaves to Appeal

Criminal Law: Refusal to Blow; Sentencing

R. v. Suter, 2016 ABCA 235 (37247)
What is the appropriate sentence for ‘refusal to blow’, and consequences, herein.

Posted: Friday, January 13, 2017

One-Liners: Appeals

Contracts/Tax Rectification

Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (36606)
Clarification when equitable remedy of rectification is available.

Posted: Thursday, January 12, 2017

One-Liners: Appeals

Contracts in Québec/Tax: Amendments

Jean Coutu Group (PJC) Inc. v. Canada (Attorney General), 2016 SCC 55 (36505)
When can (and when not) a written/oral contract be amended.

Posted:

One-Liners: Leaves to Appeal

Labour Law in Québec: Freedom of Association; Essential Services

Lajeunesse et al. v. 9069-4654 Québec Inc. et al., 2015 QCCA (37320)
Does freedom of association apply to lawyers, and are they an essential service.

Posted:

One-Liners: Appeals

Constitutional/Municipal Law: Division of Powers

Windsor (City) v. Canadian Transit Co., 2016 SCC 54 (36465)
Federal Court has no jurisdiction to decide municipal by-law.

Posted: Friday, December 09, 2016

One-Liners: Leaves to Appeal

Will & Estates: Undue Influence; Resulting Trusts; Proprietary Estoppel

Cowper-Smith v. Morgan, 2016 BCCA 200 (37120)
Do issues of undue influence, resulting trusts, & proprietary estoppel apply here.

Posted: Wednesday, December 07, 2016

One-Liners: Leaves to Appeal

Labour Law: Pay Equity

Centrale des syndicats du Québec v. Québec (Procureure générale), 2016 QCCA 424 (37002)
Is a provision in Québec’s pay equity legislation constitutional.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Joint Trials for Criminal Code & Highway Traffic Act Offences

R. v. Sciascia, 2016 ONCA 411 (37155)
Can federal and provincial/territorial offences be tried together.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Dangerous Offenders; Constitutionality

R. v. Boutilier, 2016 BCCA 235 (37168)
Is s.753 (4.1) re dangerous offenders constitutional.

Posted:

One-Liners: Appeals

Professions/Privacy: Solicitor-Client Privilege

Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53 (36460)
What is excluded/not excluded statutorily re solicitor-client privilege.

Posted: Thursday, December 01, 2016

One-Liners: Appeals

Professions/Insurance: Solicitor-Client/Litigation Privilege

Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52 (36373)
Confirmation of solicitor-client privilege, clarification of litigation privilege.

Posted:

One-Liners: Appeals

Business/Corporate Law: Oppression Remedy

Mennillo v. Intramodal inc, 2016 SCC 51 (36124)
Failure to comply with CBCA not, on its own, oppression.

Posted: Thursday, November 24, 2016

One-Liners: Leaves to Appeal

Criminal Law: Text Messaging Production Orders

R. v. Jones, 2016 ONCA 543 (37194)
When are text messages subject to a Crown Production Order.

Posted: Thursday, November 17, 2016

One-Liners: Appeals

Banking/Privacy: Disclosure

Royal Bank of Canada v. Trang, 2016 SCC 50 (36296)
Disclosure required when: court order; implied consent.

Posted:

One-Liners: Oral Judgments

Labour Law: Collective Barganing

British Columbia Teachers’ Federation v. British Columbia, 2015 BCCA 184 (36500) Judgment rendered Nov. 10, 2016
Trial judge’s finding that B.C. failed to consult in good faith upheld.

 

Posted:

One-Liners: Leaves to Appeal

Labour Law: Federal Justice Lawyers

Canada (Attorney General) v. Association of Justice Counsel, 2016 FCA 92 (37014)
Should a grievance by DoJ lawyers herein proceed.

Posted:

One-Liners: Appeals

Torts/Medmal: Causation; Adverse Inferences

Benhaim v. St‑Germain, 2016 SCC 48 (36291)
Trial judges not required to draw adverse inferences where negligence a challenge to proving causation.

Posted:

One-Liners: Appeals

Municipal Law: Assessment Value; Standard of Review

Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 (36403)
Standard of review presumed to be reasonableness for municipal assessment valuation.

Posted:

One-Liners: Oral Judgments

Contracts: Arbitration

Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297 (36639) Judgment rendered Nov. 3, 2016
Arbitrator’s decision, re exercise of options in a contract, upheld.

Posted:

One-Liners: Leaves to Appeal

Competition: (Alleged) Price-Fixing

Canada (Attorney General) v. Thouin, 2015 QCCA 2159 (36869)
How are disclosure & other issues re alleged price-fixing dealt with.

Posted: Friday, November 04, 2016

One-Liners: Appeals

Criminal Law: Search & Seizure; Weapon & Cocaine Possession

R. v. Diamond, 2016 SCC 46 (36816)
What constitutes search of a vehicle, and seizure of contents therein.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure: Striking Out; Self-Reps

Pintea v. Johns, 2016 ABCA 99 (37109)
Should the statement of claim herein be struck.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure: Document Retention/Preservation

Fontaine et al. v. Canada (Attorney General), 2016 ONCA 241 (37037)
What documents have to be retained/preserved (here, class action-based).

Posted:

One-Liners: Appeals

Civil Procedure: Contempt

Morasse v. Nadeau-Dubois, 2016 SCC 44 (36351)
Vigorous outspoken good faith criticism of courts and decisions not contempt.

Posted:

One-Liners: Appeals

Criminal Law: Plea Bargains

R. v. Anthony-Cook, 2016 SCC 43 (36410)
When can trial judges depart from plea bargains/joint submissions.

Posted: Thursday, October 27, 2016

One-Liners: Leaves to Appeal

Criminal Law: Status of Tipline Callers

Durham Regional Crime Stoppers Inc. v. R., 2016 ONSC (37052)
Are tipline callers entitled to informer privilege.

Posted:

One-Liners: Appeals

Class Actions: Pan-Canadian Settlements

Endean v. British Columbia, 2016 SCC 42 (35843) (36456)
Superior court judges in Ontario and British Columbia can sit outside their home provinces; video links not required.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Offences

R. v. C.K-D., 2016 SCC 41 (36877) Judgment rendered Oct. 18, 2016
What are appropriate jury instructions re a child victim of sexual offences.

 

Posted:

One-Liners: Oral Judgments

Criminal Law: Driving Offences; Arbitrary Detention; Right to Counsel

R. v. Rowson, 2016 SCC 40 (36777) Judgment rendered Oct. 17, 2016
Driving offences convictions upheld by a split C.A. and a split S.C.C.

Posted:

One-Liners: Appeals

Customs & Excise: Tariff Clarification

Canada (Attorney General) v. Igloo Vikski Inc., 2016 SCC 38 (36258)
CITT decision re tariff classification of hockey gloves upheld.

Posted: Thursday, October 06, 2016

One-Liners: Appeals

Contracts/Insurance: Interpretation; Exclusion/Exception Clauses; Standard of Review

Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 (36452)
Construction cleaning damage covered; standard of review correctness.

Posted: Thursday, September 22, 2016

One-Liners: Appeals

Aboriginal/Municipal Law: Assessment

Musqueam Indian Band v. Musqueam Indian Band (Board of Review), 2016 SCC 36 (36478)
Use restrictions are considered for assessment purposes.

Posted:

One-Liners: Leaves to Appeal

Professions in Québec: Legal Documents by Non-Lawyers

Québec (Procureure générale) v. E.D., 2016 QCCA 536 (37034)
Can legal documents be drafted by non-lawyers.

Posted: Thursday, September 08, 2016

One-Liners: Leaves to Appeal

Banking: Cheque Fraud

Teva Canada Limited v. Bank of Montreal, 2016 ONCA 94 (36918)
When are banks responsible for cheque fraud.

Posted: Thursday, August 25, 2016

One-Liners: Leaves to Appeal

Extradition

India v. Badesha, 2016 BCCA 88 (36981)
When can surrender orders be conditional on assurance from a requesting country.

Posted: Wednesday, August 17, 2016

One-Liners: Appeals

Agriculture: Farm Income Stabilization; Compensation Methods; Interpretation Principles

Lafortune v. Financière agricole du Québec, 2016 SCC 35 (36210)
Government support program an “innominate contract”, not a contract of insurance.

Posted:

One-Liners: Appeals

Agriculture: Farm Income Stabilization; Compensation Methods; Interpretation Principles

Ferme Vi-Ber inc. v. Financière agricole du Québec, 2016 SCC 34 (36205)
Clarification of compensation calculations for government support programs.

Posted:

One-Liners: Appeals

Criminal Law: Circumstantial Evidence

R. v. Villaroman, 2016 SCC 33 (36435)
How circumstantial evidence is explained to a jury.

Posted:

One-Liners: Appeals

Criminal Law/Military Law: Constitutionality

R. v. Cawthorne, 2016 SCC 32 (36466, 36844)
Minister’s appeal powers under National Defence Act constitutional.

Posted: Thursday, July 28, 2016

One-Liners: Appeals

Criminal Law: Effect of Retrospective Amendments

R. v. K.R.J. , 2016 SCC 31 (36200)
Clarification of retrospective amendments to Criminal Code.

Posted: Friday, July 22, 2016

One-Liners: Appeals

Class Actions: Jurisdiction

Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 (36087)
Ontario has jurisdiction in this class action re third party claims.

Posted: Tuesday, July 19, 2016

One-Liners: Leaves to Appeal

Real Property: Adverse Possession

Mowatt v. B.C. (Attorney General), 2016 BCCA 113 (36999)
Did adverse possession apply here, or did the property escheat to the municipality.

Posted: Thursday, July 14, 2016

One-Liners: Appeals

Labour Law: Dismissal; Standard of Review

Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29 (SCC 36354)
Non-unionized employees under the Canada Labour Code can only be dismissed for just cause.

Posted:

One-Liners: Appeals

Criminal Law: New Delay Framework Applied

R. v. Williamson, 2016 SCC 28 (36112)
Application of new delay framework = unreasonable delay.

Posted:

One-Liners: Appeals

Criminal Law: Delay — “new framework”

R. v. Jordan, 2016 SCC 27 (36068)
“New framework” for whether delay unreasonable.

Posted:

One-Liners: Leaves to Appeal

Insurance in Québec: Criminal Exclusion Clauses

Desjardins Sécurité financière, compagnie d’assurance-vie v. Émond, 2016 QCCA 161 (36919)
How are ‘criminal exclusion clauses’ interpreted.

Posted: Thursday, July 07, 2016

One-Liners: Leaves to Appeal

Criminal Law: Release Pending Appeal

Oland v. R., 2016 NBCA 15 (36986)
Clarification on release pending appeal grounds.

Posted:

One-Liners: Appeals

Criminal Law: Delay

R. v. Vassell, 2016 SCC 26 (36792)
Waiting 3 years for a 3-day trial = unreasonable delay.

Posted:

One-Liners: Appeals

Workers’ Comp/Torts: Standard of Review; Causation

British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25 (36300)
Tribunal finding is entitled to deference, unless patently unreasonable.

Posted: Thursday, June 30, 2016

One-Liners: Appeals

Criminal Law: Search Incident to Arrest

R. v. Saeed, 2016 SCC 24 (36328)
What is covered/not covered by search incident to arrest.

Posted: Friday, June 24, 2016

One-Liners: Appeals

Constitutional Law/Telecommunications: Division of Powers

Rogers Communications Inc. v. Châteauguay (City), 2016 SCC 23 (36027)
Federal power dominant; no double aspect here.

Posted:

One-Liners: Leaves to Appeal

Torts/Professions/Class Actions: Auditors’ Liability

Livent Inc. v. Deloitte & Touche, 2016 ONCA 11 (36875)
Did auditors’ liability occur herein.

Posted: Friday, June 10, 2016

One-Liners: Leaves to Appeal

Municipal Law/Police/Torts in Québec: Police Liability

Dorval v. City of Montréal, 2015 QCCA 1607 (36752)
Is there police/municipal liability here.

Posted:

One-Liners: Leaves to Appeal

Aboriginal Law: Treaties: Interpretation; Implementation

The First Nation of Nacho Nyak Dun v. Yukon, 2015 YKCA 18 (36779)
How is this umbrella final agreement to be interpreted/implemented.

Posted:

One-Liners: Appeals

Criminal Law: Bestiality

R. v. D.L.W., 2016 SCC 22 (36450)
Penetration is an essential element of offence of bestiality.

Posted:

One-Liners: Appeals

Professions: Solicitor-Client Privilege

Canada (National Revenue) v. Thompson, 2016 SCC 21 (35590)
Solicitor-client privilege protected, unless court determines privilege not actually apply.

Posted: Thursday, June 09, 2016

One-Liners: Appeals

Professions: Professional Secrecy in Québec

Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20 (35892)
Professional secrecy for lawyers and notaries in Québec protected.

Posted:

One-Liners: Leaves to Appeal

Criminal Law/Securities: Trial by Jury

R. v. Aitkens, 2015 ABCA 407 (36866)
When is there a right to a jury trial.

Posted: Thursday, June 02, 2016

One-Liners: Leaves to Appeal

Criminal Law/Securities: Trial by Jury

R. v. Peers, 2015 ABCA 407 (36865)
When is there a right to a jury trial.

Posted:

One-Liners: Appeals

Real Property: What Runs with the Land

Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19 (36301)
“Incentive Payments” not an interest in land.

Posted: Thursday, May 12, 2016

One-Liners: Appeals

Mortgages: Interest Rate

Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18 (36123)
Rate increase triggered by passage of time not infringe Interest Act, by default does.

Posted:

One-Liners: Leaves to Appeal

Torts: Proving Psychological Injury

Saadati v. Moorhead, 2015 BCCA 393 (36703)
How can psychological injuries be proven.

Posted: Friday, May 06, 2016

One-Liners: Leaves to Appeal

Professions in Québec: Individual or Association Appeal Rights

Attorney General of Quebec v. Guérin, 2015 QCCA 1726 (36775)
Does the professional or the professional association appeal a fee decision.

Posted:

One-Liners: Leaves to Appeal

Contracts in Québec: Renewal Clauses; Injunctions

Uniprix inc. v. Gestion Gosselin et Bérubé inc., 2015 QCCA 1427 (36718)
When can renewal clauses be exercised.

Posted:

One-Liners: Appeals

Criminal Law: Wiretaps; Third Party Production Orders

World Bank Group v. Wallace, 2016 SCC 15 (36315)
World Bank immune to Canadian production order; documents not relevant.

Posted: Thursday, May 05, 2016

One-Liners: Leaves to Appeal

Criminal Law: Parole

Attorney General of Canada, Parole Board of Canada v. Way, 2015 QCCA 1576 (36746)
Are certain parole provisions constitutional.

Posted: Thursday, April 28, 2016

One-Liners: Appeals

Criminal Law: Enhanced Credit for Pre-Sentence Custody

R. v. Safarzadeh-Markhali, 2016 SCC 14 (36162)
Denial of enhanced credit re pre-sentence custody for prior conviction overbroad.

Posted: Thursday, April 21, 2016

One-Liners: Appeals

Criminal Law: Mandatory Minimums

R. v. Lloyd, 2016 SCC 13 (35982)
One-year mandatory minimum drug sentence unconstitutional.

Posted:

One-Liners: Leaves to Appeal

Immigration: Inadmissibility For “Serious Criminality”

Canada (Public Safety and Emergency Preparedness) v. Tran, 2015 FCA 237 (36784)
When are permanent residents inadmissible & removable for “serious criminality”.

Posted: Friday, April 15, 2016

One-Liners: Leaves to Appeal

Criminal Law: Telewarrant Validity

R. v. Clark, 2015 BCCA 488 (36813)
Telewarrant process & validity.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Bail

Her Majesty the Queen in Right of Canada v. K.A., 2015 ONSC (36783)
What is considered where accuseds reside over 200km away.

Posted:

One-Liners: Leaves to Appeal

Charter: Voting Rights

Frank v. Attorney General of Canada, 2015 ONCA 536 (36645)
When can non-residents vote.

Posted:

One-Liners: Appeals

Aboriginal Law: Métis & Non-Status Indians

Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12
Métis and non-status Indians are “Indians” under s.91(24).

Posted:

One-Liners: Leaves to Appeal

Corporate Law: Oppression

Wilson v. Alharayeri, 2015 QCCA 1350 (36689)
Did oppression occur here on the facts.

Posted: Thursday, April 14, 2016

One-Liners: Appeals

Criminal Law: Infanticide

R. v. Borowiec, 2016 SCC 11 (36585)
Clarification re “disturbed” mind.

Posted: Thursday, March 31, 2016

One-Liners: Oral Judgments

Criminal Law: Tracking; Parties to an Offence

R. v. Knapczyk, 2016 SCC 10 (36612) (36613) Judgment rendered Mar. 23, 2016
C.A. reversal of acquittal upheld by S.C.C.

Posted:

One-Liners: Leaves to Appeal

Criminal/Military Law: Prosecutorial Independence

R. v. Gagnon, 2015 CMAC 2 (36844) Judgment rendered Mar. 22, 2016
Is s. 230.1 National Defence Act a constitutional breach of prosecutorial independence.

Posted:

One-Liners: Appeals

Administrative Law/Labour Law in Québec: Standard of Review

Commission scolaire de Laval v. Syndicat de l’enseignement de la région de Laval, 2016 SCC 8 (35898)
Standard of review reasonableness for arbitrator here.

Posted: Thursday, March 24, 2016

One-Liners: Leaves to Appeal

Workers Comp in Québec: Duty to Accommodate

Commission de la santé et de la sécurité au travail c. Caron, 2015 QCCA 1048 (36605)
Was appropriate accommodation given.

Posted: Friday, March 18, 2016

One-Liners: Leaves to Appeal

Real Property in Québec: Acquisitive Prescription

Ostiguy v. Allie, 2015 QCCA 1368 (36694)
Should this litigation proceed.

Posted:

One-Liners: Leaves to Appeal

Human Rights: Discrimination; Drug ‘Disability’

Stewart v. Elk Valley Coal Corporation, 2015 ABCA 225 (36636)
Did discrimination occur.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: DUI

R. v. Alex, 2015 BCCA 435 (36771)
Is objective or subjective suspicion needed.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Costs Payable by Lawyer

Director of Criminal and Penal Prosecutions v. Jodoin, 2015 QCCA 847 (36539)
Can a lawyer be ordered to pay costs in a criminal matter.

Posted:

One-Liners: Leaves to Appeal

Aboriginal Law: Duty to Consult & Accommodate

Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 352 (36664)
Is there a religious component to consultation/accommodation.

Posted:

One-Liners: Leaves to Appeal

Patents: ‘Inutility’

AstraZeneca Canada Inc., et al. v. Apotex Inc., Apotex Pharmachem Inc.2015 FCA 158 (36654)
Is this patent valid.

Posted: Thursday, March 17, 2016

One-Liners: Leaves to Appeal

Civil Procedure/Class Actions: Forum conveniens

Deborah Louise Douez v. Facebook, Inc., 2015 BCCA 279 (36616)
What is the appropriate forum here.

Posted:

One-Liners: Leaves to Appeal

Aboriginal Law: Duty to Consult

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., National Energy Board, and Attorney General of Canada, 2015 FCA 222 (36776)
Was the duty to consult fulfilled.

Posted:

One-Liners: Leaves to Appeal

Aboriginal Law: Duty to Consult

Hamlet of Clyde River et al. Petroleum Geo Services Inc. (PGS) et al.,  2015 FCA 179 (36692)
Was the level of consultation appropriate.

Posted:

One-Liners: Oral Judgments

Criminal Law: Arbitrary Detention; Exclusion of Evidence

R. v. Gagnon, 2016 SCC 6 (36581)
Police evidence from a private driveway encounter not excluded.

Posted: Thursday, March 10, 2016

One-Liners: Leaves to Appeal

Contracts: Arbitration

Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297 (36639)
Was the arbitrator’s contract interpretation award correct.

Posted: Thursday, February 25, 2016

One-Liners: Leaves to Appeal

Civil Procedure: Injunctions; Non-Parties; Worldwide Effect

Google Inc. v. Equustek Solutions Inc., 2015 BCCA 265 (36602)
What can injunctions cover/not cover.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Search & Seizure

Paterson v. R2015 BCCA 205 (36472)
Is the police-seized evidence admissible.

Posted: Thursday, February 11, 2016

One-Liners: Leaves to Appeal

Criminal Law: Drug-Impaired Driving

Bingley v. R., 2015 ONCA 439 (36610)
When can “Drug Recognition Expert” evidence be admitted.

Posted:

One-Liners: Oral Judgments

Criminal Law: (Alleged) Ineffective Assistance of Counsel

R. v. Meer2016 SCC 5 (36448) Judgment rendered Jan. 22, 2016
No miscarriage of justice in this case.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Spicer, 2016 SCC 3 (36532) Judgment rendered Jan. 18, 2016
Publication ban, re defence of mistaken belief.

Posted: Thursday, January 28, 2016

One-Liners: Oral Judgments

Criminal Law: Hearsay; Confirmatory Evidence

R. v. Seruhungo, 2016 SCC 2 (36523) Judgment rendered Jan. 18, 2016
Appeal allowed (3:2), acquittal restored.

Posted:

One-Liners: Appeals

Charter/Constitutional Law: Physician-Assisted Dying

Carter v. Canada (Attorney General), 2016 SCC 4 (35591) Judgment rendered Jan. 15, 2016
Federal Government, 4-month extension; Québec exempt; non-Québecers apply for individual exemption.

Posted:

One-Liners: Appeals

Transportation: Railway Interswitching

Canadian Pacific Railway Co. v. Canada (Attorney General), 2016 SCC 1 (36223)
Interswitching regulations valid.

Posted: Thursday, January 21, 2016

One-Liners: Leaves to Appeal

Labour Law: Collective Bargaining

British Columbia Teachers’ Federation v. Her Majesty the Queen in Right of the Province of B.C., 2015 BCCA 184 (36500)
Constitutionality of provincial collective bargaining legislation.

Posted: Friday, January 15, 2016

One-Liners: Leaves to Appeal

Criminal Law: Mr. Big

R. v. B.2015 BCCA 195 (36537)
What is the appropriate contextual analysis to assess threshold reliability.

Posted:

One-Liners: Appeals

Criminal Law: Cheating; Fraud

R. v. Riesberry, 2015 SCC 65 (36179)
Cheating applies in horse racing context; fraud not limited to deception.

Posted: Thursday, December 24, 2015

One-Liners: Leaves to Appeal

Insurance: Deductibility of CPP

Sabean v. Portage La Prairie Mutual Insurance Company2015 NSCA 53 (36575)
When can future CPP disability benefits be deducted from damages.

Posted: Friday, December 18, 2015

One-Liners: Appeals

Criminal Law: Impaired Driving Causing Death

R. v. Lacasse, 2015 SCC 64 (36001)
Trial judges can deviate from established sentencing ranges.

Posted:

One-Liners: Oral Judgments

Criminal Law: Homicide

R. v. McKenna2015 SCC 63 (36506)
Jury instructions re defence of accident, murder 2, and manslaughter.

Posted:

One-Liners: Appeals

Extradition

M.M. v. United States of America, 2015 SCC 62 (35838)
Minister’s decision to extradite applied correct legal principles.

Posted: Thursday, December 17, 2015

One-Liners: Leaves to Appeal

Tax: Rectification

Fairmont Hotels Inc. v. Canada (Attorney General)2015 ONCA 441 (36606)
Can rectification be used for foreign exchange issues.

Posted: Friday, December 11, 2015

One-Liners: Leaves to Appeal

Professions: Validity of Mandatory C.L.E.

Green v. Law Society of Manitoba2015 MBCA 67 (36583)
Is MCLE valid; natural justice application.

Posted:

One-Liners: Appeals

Immigration & Refugees: Humanitarian and Compassionate Relief

Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61 (35990)
Clarification of humanitarian/compassionate relief grounds.

Posted:

One-Liners: Appeals

Class Actions: Limitation Periods & Related Issues

Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60 (35807, 35811, 35813)
Clarification of time period for statutory misrepresentation claims.

Posted: Tuesday, December 08, 2015

One-Liners: Leaves to Appeal

Elections: Third Party Spending; Freedom of Expression

B.C. Freedom of Information and Privacy Association v. B.C. (Attorney General), 2015 BCCA 172 (36495)
To what extent can third parties sponsor election advertising.

Posted: Friday, December 04, 2015

One-Liners: Leaves to Appeal

Arbitration: Court Review

B.C. (Ministry of Forests) v. Teal Cedar Products Ltd., 2015 BCCA 263 (36595)
What is the appropriate valuation methodology/basis for court review.

Posted:

One-Liners: Appeals

Immigration Law: People Smuggling & Refugee Status

R. v. Appulonappa, 2015 SCC 59 (35958)
Immigration offence unconstitutional to extent it prosecutes for humanitarian aid or helping family.

Posted: Thursday, December 03, 2015

One-Liners: Appeals

Immigration Law: People Smuggling & Admissibility

B010 v. Canada (Citizenship and Immigration), 2015 SCC 58 (35388, 35688, 35685, 35677)
People smuggling is confined to acts to further illegal entry for profit.

Posted:

One-Liners: Appeals

Intellectual Property: Broadcast Licences

Canadian Broadcasting Corp v. SODRAC 2003 Inc., 2015 SCC 57 (35918)
Royalty fees can apply to incidental copies arising as part of digital broadcasting process.

Posted: Friday, November 27, 2015

One-Liners: Appeals

Constitutional Law: Language Rights

Caron v. Alberta (including Boutet v. R.), 2015 SCC 56 (35842)
Alberta not constitutionally obligated to enact laws in French.

Posted:

One-Liners: Leaves to Appeal

Tax: Rectification

Canada (A.G.) v. Groupe Jean Coutu (PJC) inc., 2015 QCCA 838 (36505)
When can a rectification order be granted (or not).

Posted: Friday, November 20, 2015

One-Liners: Leaves to Appeal

Insurance in Québec: No Fault; Separate Civil Actions

Pagé v. Godbout2015 QCCA 225 (36385)
Does Québec’s no-fault scheme preclude parallel litigation.

Posted:

One-Liners: Leaves to Appeal

Insurance in Québec: No Fault; Motions to Strike

Gargantiel v. Québec (Attorney General), 2015 QCCA 224 (36388)
Does Québec’s no-fault scheme preclude parallel litigation.

Posted:

One-Liners: Appeals

Criminal Law: Military Justice System; Overbreadth; s. 52

R. v. Moriarity, (including appeals of R. v. Vezina & R. v. Arsenault2015 SCC 55 (35755) (35873) (35946)
Federal criminal offences being prosecuted within military justice system constitutional.

Posted:

One-Liners: Oral Judgments

Criminal Law: Dangerous Driving Causing Death; Test For Mens Rea

R. v. Hecimovic,  2014 BCCA 483 (36260) Judgment rendered Nov. 16, 2015
Wrong mens rea used at trial; new trial ordered.

Posted:

One-Liners: Appeals

Constitutional Law: Division of Powers; Bankruptcy and Insolvency; Property & Civil Rights

Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd., 2015 SCC 53 (35923)
No conflict between provincial farm legislation and national receivership regime.

Posted:

One-Liners: Appeals

Constitutional Law: Division of Powers; Bankruptcy and Insolvency; Property & Civil Rights

Alberta (Attorney General) v. Moloney, 2015 SCC 51 (35820)
Federal bankruptcy discharges provincial debt.

Posted:

One-Liners: Appeals

Constitutional Law: Division of Powers; Bankruptcy and Insolvency; Property & Civil Rights

407 ETR Concession Co. v. Canada (Superintendent of Bankruptcy), 2015 SCC 52 (35696)
Federal bankruptcy legislation promotes “fresh start”.

Posted:

One-Liners: Oral Judgments

Criminal Law: Importing & Possession for the Purposes

R. v. Singh Riar, 2015 ONCA 350 (36449) Judgment rendered November 12, 2015
New trial ordered because of trial judge errors.

Posted:

One-Liners: Oral Judgments

Criminal Law: Jury Instructions re Homicide

R. v. Neville,  2015 NLCA 16 (36412) Judgment rendered Nov. 9, 2015
Merely referring to previous written instructions is not an appropriate response to a jury question.

Posted: Friday, November 13, 2015

One-Liners: Leaves to Appeal

Class Actions: Multi-Jurisdiction Process

Parsons v. Ontario2015 ONCA 158 (36456)
What is the proper procedure/process for national/multi-jurisdiction class actions.

Posted: Thursday, November 12, 2015

One-Liners: Leaves to Appeal

Class Actions: Multi-Jurisdiction Process

Endean v. British Columbia2014 BCCA 61 (35843)
What is the proper procedure/process for national/multi-jurisdiction class actions.

Posted:

One-Liners: Leaves to Appeal

Medmal in Québec: Failure to Disclose

St.G. v. B., 2014 QCCA 2207 (36291)
Was there a failure to detect/diagnose here.

Posted: Thursday, November 05, 2015

One-Liners: Leaves to Appeal

Civil Procedure/Employment Law: Freedom of Information v. Solicitor-Client Privilege

University of Calgary v. J.R., 2015 ABCA 118 (36460)
How do the above two concepts mesh, or not.

Posted:

One-Liners: Leaves to Appeal

Aboriginal Law/Municipal Law: Highest & Best Use

Musqueam Indian Band Board of Review v. Musqueam Indian Band2015 BCCA 158 (36478)
How should the value of leased aboriginal land be assessed.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure in Québec: Contempt

Nadeau-Dubois v. Morasse2015 QCCA 78 (36351)
Did contempt of court occur here.

Posted: Thursday, October 29, 2015

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. M.J.B. (2015 ABCA 146) (36421)
Sexual assault conviction upheld (2:1 in C.A.; 4:1 in S.C.C.).

Posted:

One-Liners: Appeals

Criminal Law: Automatic Roadside Prohibitions

Wilson v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47 (35959)
Automatic roadside prohibition legislation unambiguous.

Posted: Thursday, October 22, 2015

One-Liners: Appeals

Criminal Law: Automatic Roadside Prohibitions

Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 (35864)
B.C. automatic roadside prohibitions violate Charter s. 8 when no meaningful review.

Posted:

One-Liners: Oral Judgments

Criminal Law: Cheating; Fraud

R. v. Riesberry, 2014 ONCA 744 (36179) Judgment rendered October 15, 2015.
Giving drugs to race horse can constitute defrauding the public and cheating while playing a game.

Posted:

One-Liners: Appeals

Administrative Law/Public Utilities: “Prudent Investment Test”

ATCO Gas and Pipelines Ltd. v. Alberta (Utilities Commission)2015 SCC 45 (35624)
Regulator deferred to re utility rates and choice of methodology.

Posted: Thursday, October 01, 2015

One-Liners: Appeals

Administrative Law/Public Utilities: Rate-Setting Process

Ontario (Energy Board) v. Ontario Power Generation Inc., 2015 SCC 44 (35506)
Review Board’s methodology re energy costs upheld.

Posted:

One-Liners: Leaves to Appeal

Insurance: Construction Cleaning

Ledcor Construction Limited v. Northbridge Indemnity Insurance Company2015 ABCA 121 (36452)
Does construction cleaning insurance cover construction cleaning.

Posted: Thursday, September 24, 2015

One-Liners: Appeals

Construction Law: Builder’s/Mechanic’s/Construction Liens

Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel2015 SCC 43 (35777)
Claimants have two separate remedies (lien, trust), here.

Posted: Wednesday, September 23, 2015

One-Liners: Leaves to Appeal

Criminal Law: Sentencing; Rejection of Joint Sentencing Submissions

R. v. Anthony-Cook2015 BCCA 22 (36410)
When can judges reject joint sentencing submissions.

Posted: Thursday, September 17, 2015

One-Liners: Leaves to Appeal

Civil Procedure in Québec: Litigation Privilege; Lawyer-Client Privilege

Lizotte v. Aviva, compagnie d’assurances du Canada2015 QCCA 152 (36373)
When can documents be denied disclosure.

Posted:

One-Liners: Appeals

Civil Procedure/Torts/Environmental: Jurisdiction; Foreign Judgments

Chevron Corp. v. Yaiguaje2015 SCC 42 (SCC 35682)
Ontario has jurisdiction; no need for real and substantial connection.

Posted: Thursday, September 10, 2015

One-Liners: Leaves to Appeal

Municipal Law: Property Assessment

Edmonton East (Capilano) Shopping Centres Limited v. Edmonton (City)2015 ABCA 85 (36403)
How is property assessed; is the value right here.

Posted: Thursday, September 03, 2015

One-Liners: Appeals

Tax: Characterization of Penalties/Proceedings

Guindon v. Canada, 2015 SCC 41 (35519)
Tax proceedings are administrative, not criminal.

Posted: Thursday, August 13, 2015

One-Liners: Appeals

Criminal Law: Colour of Right Defence

R. v. Simpson, 2015 SCC 40 (35971)
Onus on accused to show “air of reality”.

Posted: Friday, July 31, 2015

One-Liners: Appeals

Charter (Québec): Discrimination; Two-Step Process

Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (35625)
Two-step process confirmed.

Posted: Wednesday, July 29, 2015

One-Liners: Appeals

Criminal Law: Post-Offence Conduct

R. v. Rodgerson, 2015 SCC 38 (35947)
What’s in/out judges’ jury charge re post-offence conduct.

Posted: Thursday, July 23, 2015

One-Liners: Leaves to Appeal

Creditor/Debtor: PIPEDA

Royal Bank of Canada vTrang2014 ONCA 883 (36296)
When is disclosure blocked by PIPEDA.

Posted: Friday, July 17, 2015

One-Liners: Leaves to Appeal

Municipal Law: Historical Rehabilitation Payments

Equitable Trust Company v. 604-1st Street S.W. Inc., 2014 ABCA 427 (36301)
Who owns municipally-provided building rehab payments.

Posted: Thursday, July 16, 2015

One-Liners: Leaves to Appeal

Labour Law: Termination

Wilson v. Atomic Energy of Canada Limited2015 FCA 17 (36354)
Was the Applicant here “unjustly dismissed”.

Posted:

One-Liners: Appeals

Family Law: Support Guidelines; Jurisdiction

Strickland v. Canada (Attorney General), 2015 SCC 37 (35808)
Provincial (and Territorial) superior courts have jurisdiction re legality of Support Guidelines.

Posted:

One-Liners: Leaves to Appeal

Criminal Law: Third Party Records

World Bank Group v. Wallace, et al., 2014 ONSC 7449 (36315)
When can third party records be subpoenaed.

Posted: Thursday, July 09, 2015

One-Liners: Leaves to Appeal

Workers’ Comp: Causal Connection

Fraser Health Authority v. Workers’ Compensation Appeal Tribunal2014 BCCA 499 (36300)
Is causal connection made out here.

Posted: Thursday, July 02, 2015

One-Liners: Appeals

Contracts in Québec: Brokerage; Formation; Commission; Conditions; Warranties

Société en commandite Place Mullins v. Services immobiliers Diane Bisson inc., 2015 SCC 26 (35461)
Clarification re when real estate commission payable (or not).

Posted:

One-Liners: Appeals

Criminal Law: Wrongful Convictions; “Mercy” Power

Hinse v. Canada (Attorney General), 2015 SCC 35 (35613)
“Mercy” power doesn’t expose Crown to liability, unless bad faith.

Posted: Wednesday, June 24, 2015

One-Liners: Appeals

Criminal Law: Medical Marihuana; Shaken And Stirred

R. v. Smith, 2015 SCC 34 (SCC 36059)
Non-dried medical marihuana constitutional.

Posted: Thursday, June 18, 2015

One-Liners: Appeals

Extradition: “Shock the Conscience”

Caplin v. Canada (Justice), 2015 SCC 32 (35527)
‘Extraditee’ to show surrender would “shock the conscience”.

Posted: Thursday, June 04, 2015

One-Liners: Appeals

Extradition: Legal Test; Comity

Canada (Attorney General) v. Barnaby, 2015 SCC 31 (35548)
What the correct legal test is; international comity important.

Posted:

One-Liners: Leaves to Appeal

Customs: Classification

Igloo Vikski Inc. v. C.B.S.A.2014 FCA 266 (36258)
What is the proper import classification for hockey gloves (wait, shouldn’t Canada be exporting them?)

Posted: Friday, May 29, 2015

One-Liners: Appeals

Constitutional/Aboriginal Law: s.15

Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (35518)
Education requirements for leadership not in violation of s.15.

Posted:

One-Liners: Appeals

Criminal Law: Pornography; Private Use Exception

R. v. Barabash, 2015 SCC 29 (35977, 36064)
Sharpe exception not require extra exploitation inquiry.

Posted: Thursday, May 28, 2015

One-Liners: Leaves to Appeal

Mortgages: Interest Rate

Equitable Trust Company v. Lougheed Block Inc., 2014 ABCA 234 (36123)
What interest rate is prohibitively high for mortgage financing.

Posted: Friday, May 22, 2015

One-Liners: Appeals

Criminal Law: Jury Representation

R. v. Kokopenace, 2015 SCC 28 (35475)
Randomly selected jury meets representativeness requirement.

Posted:

One-Liners: Appeals

Criminal Law: Bail

R. v. St-Cloud, 2015 SCC 27 (35626)
Clarification of grounds for bail, and review by judge of same.

Posted: Thursday, May 21, 2015

One-Liners: Oral Judgments

Criminal Law: Federal or Provincial Prison

Bowden Institution v. Khadr, 2015 SCC 26 (36081) Judgment rendered May 14, 2015
Sentence here to be served in a provincial facility.

Posted:

One-Liners: Appeals

Language Rights/Judges: Minority Language Rights; Reasonable Apprehension of Bias

Yukon Francophone School Board, Education Area #23 v.Yukon (Attorney General), 2015 SCC 25 (35823)
New trial: bias, admission criteria, government services in French.

Posted: Friday, May 15, 2015

One-Liners: Appeals

Charter/Criminal Law/Civil Damages: Wrongful Convictions

Henry v. British Columbia (Attorney General), 2015 SCC 24 (35745)
Damages where material information intentionally withheld from defence.

Posted: Thursday, May 14, 2015

One-Liners: Leaves to Appeal

Criminal Law: Mandatory Minimums; Sentencing

R. v. Lloyd2014 BCCA 224 (35982)
Is the mandatory minimum constitutional.

Posted: Friday, May 01, 2015

One-Liners: Leaves to Appeal

Criminal Law: DNA Swabs

R. v. Saeed2014 ABCA 238 (36328)
Can DNA evidence be taken without a warrant.

Posted:

One-Liners: Leaves to Appeal

Corporations: Oppression Remedy

Mennillo v. Intramodal inc., 2014 QCCA 1515 (36124)
When is an oppression remedy appropriate.

Posted:

One-Liners: Leaves to Appeal

Civil Procedure/Charter: Fracking; Motions to Strike

Ernst v. Alberta (Energy Resources Conservation Board)2014 ABCA 285 (36167)
Is partial striking of claims appropriate here.

Posted:

One-Liners: Appeals

Civil Procedure: Expert Evidence; Auditors

White Burgess Langille Inman v. Abbott and Haliburton , 2015 SCC 23 (35492)
Threshold requirement & gatekeeping function clarification.

Posted:

One-Liners: Oral Judgments

Constitutional Law

Québec (Attorney General) v. Canada (Attorney General), 2014 QCCA 2365  (36231) Judgment rendered April 24, 2015
Appointment of Mainville J.A. (from Fed. C.A. to Qué. C.A.) constitutionally valid.

Posted:

One-Liners: Oral Judgments

Extradition

Caplin v. Canada (Minister of Justice), 2013 QCCA 1305 (35527) Judgment rendered April 23, 2015
Extradition order upheld.

Posted:

One-Liners: Oral Judgments

Extradition

Canada (Attorney General) v. Barnaby, 2013 QCCA 1305 (35548) Judgment rendered April 23, 2015
Extradition order upheld.

Posted:

One-Liners: Appeals

Language Rights/Education: School Equivalency

Association des parents de l’école Rose-des-vents v. British Columbia (Education), 2015 SCC 21 (35619)
“..substantive equivalence of the educational experience” the new test.

Posted: Wednesday, April 29, 2015

One-Liners: Leaves to Appeal

Agriculture Law in Québec: Income Stabilization

Lafortune v. Financière agricole du Québec2014 QCCA 1891 (36210)
Is farm income stabilization compensation payable.

Posted: Friday, April 24, 2015

One-Liners: Leaves to Appeal

Agriculture Law in Québec: Income Stabilization

Financière agricole du Québec v. Ferme Vi-ber inc.2014 QCCA 1886 (36205)
Is farm income stabilization compensation payable.

Posted:

One-Liners: Oral Judgments

Pharmaceuticals: Amending Pleadings

Sanofi-Aventis v. Apotex Inc.2014 FCA 68 (35886) Judgment rendered April 20, 2015
Can’t, not here (Statement of Defence).

Posted:

One-Liners: Oral Judgments

Insurance: SABS Priorities

Zurich Insurance Co. v. Chubb Insurance Co. of Canada, 2014 ONCA 400 (36002) Judgment rendered April 17, 2015
Who’s in/who’s out of Dispute Regulation ‘pay-now-fight-later’ MV regime.

Posted:

One-Liners: Appeals

Securities: Evidence for Class Action

Theratechnologies inc. v. 121851 Canada inc., 2015 SCC 18 (35550)
Evidence to credibly point to material change required to bring Québec securities class action.

Posted: Thursday, April 23, 2015

One-Liners: Leaves to Appeal

Civil Procedure/Class Actions: Jurisdiction

Trillium Motor World Ltd. v. General Motors of Canada Limited2014 ONCA 497 (36087)
What is the most appropriate jurisdiction for a proposed class action.

Posted: Friday, April 17, 2015

One-Liners: Appeals

Civil Procedure: Mareva Injunctions; Contempt

Carey v. Laiken2015 SCC 17 (35597)
Breach of a Mareva injunction (by a lawyer) is contempt.

Posted:

One-Liners: Appeals

Charter: Freedom of Religion

Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 (35496)
Pre-municipal council meeting prayer a breach of state’s duty of neutrality.

Posted: Thursday, April 16, 2015

One-Liners: Appeals

Criminal Law: Mandatory Minimums

R. v. Nur (R. v. Charles), 2015 SCC 15 (35678) (35684)
Mandatory minimums here unconstitutional, though sentences appropriate.

Posted: Wednesday, April 15, 2015

One-Liners: Appeals

Criminal Law/ Constitutional Law: Long-Gun Registration Data; Division of Powers

Quebec (Attorney General) v. Canada (Attorney General)2015 SCC 14 (35448)
Quebec no constitutional right to gun registry data.

Posted: Wednesday, April 01, 2015

One-Liners: Leaves to Appeal

Criminal Law: Sexual Offences; Prohibition Orders

R. v. K.R.J., 2014 BCCA 382 (36200)
Is the legislative amendment to be applied retrospectively.

Posted: Friday, March 27, 2015

One-Liners: Oral Judgments

Criminal Law: Direct Indictment Delay

R. v. Sanghera, 2014 BCCA 249 (36017) Judgment rendered Mar. 19, 2015
Is a 5-month direct indictment delay permissible.

Posted:

One-Liners: Appeals

Charter: Freedom of Religion

Loyola High School v. Quebec (Attorney General), 2015 SCC 12 (35201)
Freedom of religion limited (by Québec) more than necessary — Minister to reconsider.

Posted: Thursday, March 26, 2015

One-Liners: Appeals

Criminal Law: I.D; Photographs; Confessions

R. v. Araya, 2015 SCC 11 (35669)
Trial judge’s instructions “adequate” re photographs of accused; confession v. conversation.

Posted: Thursday, March 19, 2015

One-Liners: Appeals

Employment Law: Constructive Dismissal

Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 (35422)
Clarification as to what is/is not constructive dismissal.

Posted: Thursday, March 12, 2015

One-Liners: Leaves to Appeal

Criminal Law: Cheating; Fraud

R. v. Riesberry2014 ONCA 744 (36179)
Do the facts here amount to cheating/fraud.

Posted: Friday, March 06, 2015

One-Liners: Appeals

Criminal Law: Third Party Suspect Evidence; Similar Fact; Role of Trial Judge as Evidentiary Gatekeeper

R. v. Grant, 2015 SCC 9 (35664)
Third party suspect & similar fact evidence not to “be stretched”.

Posted:

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Perrone, 2014 MBCA 74 (36021) Judgment rendered Feb. 20, 2015
Trial judge assessment of credibility and reliability upheld.

Posted: Thursday, March 05, 2015

One-Liners: Oral Judgments

Criminal Law: Refusal to Blow

R. v. Goleski, 2014 BCCA 80 (35862) Judgment rendered Feb. 12, 2015
s. 794(2) imposes a “persuasive burden” on the accused to provide an excuse.

Posted: Thursday, February 19, 2015

One-Liners: Appeals

Criminal Law: Money Laundering

Canada (Attorney General) v. Federation of Law Societies of Canada2015 SCC 7 (35399)
Proceeds of crime legislation unconstitutional re lawyers, search and incarceration.

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One-Liners: Appeals

Criminal Law/ Constitutional Law/Charter: Physician-Assisted Dying

Carter v. Canada (Attorney General), 2015 SCC 5 (35591)
Physician-assisted dying valid in this case; Criminal Code invalidity ruling suspended 12 months.

Posted: Friday, February 13, 2015

One-Liners: Leaves to Appeal

Criminal Law/National Security: Foreign Wiretaps

X (Re), 2014 FCA 249 (36107)
Are wiretaps of foreign-travelling Canadians valid.

Posted: Friday, February 06, 2015

One-Liners: Leaves to Appeal

Criminal Law: Bail; Pre-Sentence Custody

R. v. Safarzadeh-Markhali2014 ONCA 627 (36162)
Constitutionality re pre-sentence custody.

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One-Liners: Appeals

Labour Law: Essential Services; Right to Strike; Freedom of Association

Saskatchewan Federation of Labour v. Saskatchewan2015 SCC 4 (35423)
Right to strike constitutionalized.

Posted: Thursday, February 05, 2015

One-Liners: Leaves to Appeal

Municipal Law/Telecommunications in Québec: Expropriation

White v. City of Châteauguay (Ville de), 2014 QCCA 1121 (36027) 
Is the expropriation for a cell phone tower here valid.

Posted: Friday, January 30, 2015

One-Liners: Leaves to Appeal

Criminal Law: Sexual Offences

R. v. W.2014 ONCA 598 (36112)
Is the delay here appropriate.

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One-Liners: Appeals

Competition: Mergers; “Prevention”; Efficiencies Defence; Balancing Test

Tervita Corp. v. Canada (Commissioner of Competition)2015 SCC 3 (35314)
Clarification of the appropriate legal test for “prevention”, of the efficiencies defence, & the balancing test.

 

Posted: Thursday, January 29, 2015

One-Liners: Appeals

Labour Law: (Federal) Expenditure Restraint Act

Meredith v. Canada (Attorney General)2013 FCA 112 (35424)
Federal legislation here constitutional, despite “deficiencies”.

Posted: Wednesday, January 21, 2015

One-Liners: Appeals

Labour Law: Freedom of Association; Police Unions

Mounted Police Association of Ontario v. Canada (Attorney General)2012 ONCA 363 (34948)
Current RCMP labour relations regime unconstitutional – denies freedom of choice.

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One-Liners: Leaves to Appeal

Professions in Quebec: Notarial Privilege

Attorney General of Canada, Canada Revenue Agency v. Chambre des notaires du Québec, 2014 QCCA 552 (35892)
Is notarial confidentiality valid in a tax context?

Posted: Tuesday, January 13, 2015

One-Liners: Leaves to Appeal

Criminal Law: Impaired Sentencing

Lacasse v. R., 2014 QCCA 1061 (36001)
Appropriate sentence for young driver in small town guilty of impaired driving causing death.

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One-Liners: Oral Judgments

Criminal Law: Jury Charge Manslaughter

R. v. MacLeod, 2014 NSCA 63 (35957)
Duty of trial judge to charge jury on manslaughter.

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Supreme One-Liners

2013 & 2014

We’ve compiled all our one-line summaries of SCC judgments from 2013 and 2014. They are separated in to the following categories:

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