Three years after Trinity Western University received preliminary approval from the Federation of Law Societies and the B.C. government to open a law program, the fate of the program remains up in the air and is headed to the Supreme Court of Canada. Eugene Meehan, Q.C. weighs in on this controversial debate in this Canadian Lawyer article. Read the full article here.
Justice Abella has been named the global jurist of the year by Northern University. Eugene Meehan, Q.C. states, in this Canadian Lawyer & Law Times Blog article, “Justice Abella is now the second most senior judge on the court. Though some try to peg her as being of this or that school of thought, on this or that issue, the reality is she’s a chameleon that’s able to muster majorities among different groups of allies – yet still feel strongly enough on issues of importance to her to write the lone wolf dissent.” Read the full article here.
In this McGill Law Journal podcast, Thomas Slade gives an overview of the Supreme Court of Canada’s 2016 Fall session. Listen here.
The Supreme Court of Canada released its decision in Windsor (City) v. Canadian Transit Co., 2016 SCC 54. At issue: does the Federal Court have jurisdiction to decide whether a municipality’s bylaws apply to a company’s residential properties. The SCC allowed the appeal, finding that the case should be decided by the Ontario Superior Court of Justice, where the parties have already been engaged in proceedings. Eugene Meehan, Q.C. is quoted in the Canadian Lawyer & Law Times Blog as saying: “This decision is a potential constitutional game changer, going forward, we could see more division of power and jurisdiction-based cases being challenged in the courts.” (Marie-France Major acted as co-counsel for Federation of Municipalities, in this case). Read the full article here.
Eugene Meehan, Q.C. weighs in on the issue of standard or review and exception clauses in Ledcor. The Supreme Court of Canada unanimously allowed the appeal in Ledcor on Sept. 15, 2016. In this Lawyers Weekly article, Eugene, who acted as counsel for the successful appellant states, “The Supreme Court’s holding that the trial court’s interpretation of standard form contracts are reversible if they are incorrect is important for the construction and insurance industries, but its impact goes much further than that.” Read the full article here.
The Law Society of Alberta adds non-benchers to its disciplinary tribunal. Eugene Meehan, Q.C. is quoted in Canadian Lawyer and Law Times as saying, “When we think of law societies, we tend to think of an ‘organization for lawyers, by lawyers’ — but in practical reality it’s now a mixture of lawyers, paralegals and non-lawyers — all of which reflect the public we serve”. Click here for the full article.
The Supreme Court of Canada released the decision in Ledcor today; whereby they overturned an Alberta Court of Appeal decision that had found an insurance company was not required to cover the cost of replacing windows that had been scratched by cleaners on a construction site. The disputed clause in the insurance contract excluded the “cost of making good faulty workmanship” but made an exception to that exclusion for “physical damage” that “results” from the faulty workmanship. Eugene Meehan, Q.C. who represented Ledcor Construction in this appeal states in this Canadian Lawyer & Law Times Blog: the decision is “welcome, positive and necessary clarification to an increasingly complex yet fundamental area of insurance — the interpretation of coverage, exclusion, exception clauses.” Read the full article here.
Prime Minister Justin Trudeau announces a new process for judicial appointments to the Supreme Court of Canada. What was once-private information related to the process will now be shared with the public. Eugene Meehan, Q.C. is quoted in the Canadian Lawyer & Law Times blog as saying, “given how long the process for selecting Supreme Court justices has been a concern, having a clear process set down in writing is a welcome change for the legal community and public alike.” For more quotes by Mr. Meehan along with the whole article, click here.
Justice Cromwell announces his retirement from the Supreme Court of Canada. Cromwell has been on the Court for seven years, making him the third most senior judge of its current composition. He was described as one of the Court’s leading lights and a possible replacement for Chief Justice Beverley McLachlin, whose mandatory retirement date is in 2018. Eugene Meehan, Q.C. is quoted in The Globe and Mail as saying, “He did just about everything from A to Z, from aboriginal to zoning.”
Macdonald-Laurier Institute released a report on dissent at the Supreme Court of Canada. Eugene Meehan, Q.C. speaks to Legal Feeds, the blog of Canadian Lawyer & Law Times, about the need for some disagreement in group decision-making and that some claims as to lack of consensus may be overstated. Read the whole article here.
Eugene Meehan, Q.C. comments in The Globe and Mail on the Supreme Court of Canada’s decision to extend the Criminal Code ban on physician assisted death by four months. He called the decision bold and said, “The easiest route here would be for the Supreme Court of Canada to do nothing. The court has responded in a practical way to practical realities.” Read the whole article here.
A Law in Quebec article ‘Expert evidence under the spotlight’ discusses the Quebec Court of Appeal setting aside a second degree murder conviction. A forensic scientist with 14 years experience as an expert witness submitted a conclusion during cross-examination at a jury trial that did not match her preliminary written report and testimony. Eugene Meehan, Q.C. weighs in on the issue: “The Supreme Court made it plain that the duty that experts owe is a duty to the court. It has the potential for a transformative difference in litigation where experts are used.” Click Here for the full article.
The CJC has reviewed the recommendations of its inquiry panel on Québec Superior Court Justice Michel Déziel and recommends he remain on the bench. Eugene Meehan, Q.C. called it “a classic case of trying to balance past conduct versus present good conduct.” Click Here for the full article on the Canadian Lawyer & Law Times blog.
The Honorable Justice Russell Brown is officially appointed to the Supreme Court of Canada. Eugene Meehan, Q.C. speaks with TheCourt.ca about the criticism of the appointment: “This Supreme Court is a particularly strong one – they are butter, not margarine. Justice Brown’s diverse experience is a strength that will fit with an already-strong court.” Read the entire article here.
The Supreme Court of Canada will start its fall session October 5th, 2015. Listen to this McGill Law Journal Podcast as Eugene Meehan, Q.C. gives an overview of the cases and issues coming before the Court; including the first session for the newly appointed Justice Brown.
Prime Minister Stephen Harper has appointed Alberta judge Russel Brown to the Supreme Court of Canada, replacing Justice Marshall Rothstein. Supreme Court lawyer Eugene Meehan, Q.C. of Supreme Advocacy LLP is quoted in Legal Feeds, the blog of the Canadian Lawyer magazine, “With the court’s current workload mainly criminal, he will adjust, but his academic experience of critically analyzing and writing about the law will serve him well”.
Should CEO of CBA take honorary military role? In this Law Times article Eugene Meehan, Q.C. weighs in on the appointment of John Hoyles to an honorary position with the legal branch of the Department of National Defence. “The appointment will seriously compromise the CBA’s ability to take positions on military justice issues,” says Meehan.
Eugene Meehan, Q.C. describes Canada’s Chief Justice Beverley McLachlin as “tough, independent and competent” in this National Post article which highlights her rise through the judicial ranks to the top court in Canada.
Eugene Meehan Q.C. argued at the SCC this morning as agent for the Respondent in Zurich Insurance Company v. Chubb Insurance Company of Canada, 2014 ONCA 400. It’s the hot-button issue of priority in SABS disputes (the so-called “pay first, fight later” conundrum). Watch the livestream feed here.
Eugene Meehan Q.C. will be presenting a session on Strategic Legal Writing: Preparing Persuasive Documents for all law students and interested Faculty members, Tuesday, March 10th at Lakehead University in Thunder Bay.
“For good or bad, the issue is now laid to rest,” Eugene Meehan Q.C. quoted in The Ottawa Citizen regarding the “right to life” case in which Chief Justice McLachlin’s ruling goes her way after twenty-two years.
Presenting TheCourt.ca’s Third Annual Golden Gavel Awards as selected by members of their editorial team, in consultation with Eugene Meehan Q.C.
New Supreme Court justice Suzanne Côté learned one of her first lessons as a prominent public figure this week. Ultimately, there are really only two key requirements: "Take the job seriously; and secondly, do not take yourself too seriously, and she seems to have that in abundance." Eugene Meehan, quoted in this Ottawa Citizen article.
Jonathan Melo, lawyer with Supreme Advocacy LLP, speaks with Don Martin on CTV News “Power Play” regarding the Omar Khadr case. The Supreme Court of Canada granted leave to appeal on the issue of whether Khadr can be placed in a federal penitentiary or in a provincial facility. Watch the full interview (segment begins at 10:00).
A thank you to Eugene Meehan by Shaunna Mireau from Slaw, Canada's online legal magazine.
"Thanks to friend of Slaw Eugene Meehan and his commitment to producing the Supreme Advocacy Newsletter. This 'Scot-free' publication has been a staple of my information diet for over a decade."
Eugene Meehan is quoted in the Canadian Lawyer Magazine on the Supreme Court of Canada's unusual request to re-hear a case in order to allow newly appointed Justice Clément Gascon to participate.
Eugene Meehan Q.C. weighs in on the issue involving the allegations that Chief Justice Beverley McLachlin had lobbied against Nadon's appointment to the Supreme Court of Canada in this Canadian Lawyer and Law Times Blog. Eugene describes the issue as a battle of "duelling press releases".