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: Friday, July 06, 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: 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: 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: 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: 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: 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: 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: 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: Leaves to Appeal

Criminal Law: DUI

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

Posted:

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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: Friday, May 12, 2017

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: 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: 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: 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: 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: 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: Friday, February 24, 2017

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: 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: 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: 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: Thursday, January 12, 2017

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: 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: 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: 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: 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: 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: Thursday, October 27, 2016

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: 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: 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: 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: 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: 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: 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: 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: 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: 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: Thursday, March 31, 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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.

Posted:

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.

Posted:

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.

Posted: