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This Week at the SCC: When Does Medical Negligence Cause the Injury?
🏥 On Friday, October 23, 2026, the Supreme Court of Canada will release its decision in Hemmings v. Padmore. After Sophia Hemmings suffered a severe brain injury during childbirth, a trial judge found her obstetrician, anesthesiologist, and hospital liable. The Court of Appeal left only the anesthesiologist liable. At issue is what patients must prove to connect negligent medical care to their injuries and how closely appellate courts should scrutinize the trial judge’s reasons.
Class Actions: Certification; Novel Duty of Care; Vicarious Liability
The Court of Appeal in this case agreed that “a cause of action for vicarious liability is not disclosed in the amended statement of claim.
A “Taste” of the Camino
Eugene shares a personal story and tales from the Santiago de Compostela.
Municipal Law: Jurisdiction; Appeal Deadlines Set by Statute
In this case, the Court of Appeal affirmed the proposition that there is no inherent jurisdiction to extend the time for appeal where it is set by statute – that the power to extend must be found in the statute itself or in some other statute.
This Week at the SCC: Sexual History Protections
📚 On Friday, October 16, 2026, the Supreme Court of Canada will release its decision in R. v. A.M. and M.P. At issue is whether the Criminal Code’s sexual-history screening rules apply to prosecutions for human trafficking and sexual services offences, and whether the trial judge wrongly restricted the accuseds’ cross-examination of the complainant.
This Week at the SCC: Gladue and Violence Against Indigenous Women
🪶 On Friday, October 9, 2026, the Supreme Court of Canada will release its decision in R. v. Cope. At issue is how courts should sentence an Indigenous offender for violence against an Indigenous woman, and when an appeal court can intervene to change the sentence.
Estates: Will-Drafting Firm Disqualified Despite Flawed Reasons
“[t]his appeal concerns the circumstances under which a law firm or a lawyer should be removed from representing a party to an action because there is a potential that staff or lawyers of the firm might be required to give evidence in the proceedings.”
Arbitration: Contractor Denied Leave to Pursue 59.99% Interest
In this case the C.A. provided a helpful summary of the legal framework governing appeals from arbitration awards and the principles applicable to that framework.
Defamation: Can Your Lawyer Also Be a Witness?
In this case, The C.A. emphasized that the decision to remove/not remove a lawyer is an exercise of discretion “within the innate jurisdiction of the Court of King’s Bench” and owed deference on appeal.
SCC Today: 5 Leaves Dismissed
The Supreme Court of Canada dismisses 5 leaves to appeal.
A Virtual Eraser
The Honourable Tania Perlin shares the importance of not overreacting when making mistakes; and that focusing on the solution rather than the error, helps to creates a more positive outcome.
Municipal Law: Campaign Audits Cross Ward Lines
Who can apply for a compliance audit under s. 88.33(1) of the Municipal Elections Act?
This Week at the SCC: Jordan Ceiling for Sentencing?
🚦 Welcome to the start of a new season of Fantasy Courts! The site has a fresh look and new features, but otherwise should work the same. This season will run until the end of the year.
Our first decision to predict is R. v. R.B.-C. At issue is how the constitutional right to be tried within a reasonable time applies after an accused has already been found guilty but before sentence is imposed. More particularly, should there be a five-month presumptive ceiling for sentencing delay, and if that ceiling is breached, does the court have to stay the proceedings?
Workplace Safety: When Can an Employer Compel Drug and Alcohol Testing?
This case raises two interesting, practical issues: 1) What courts should do where there is no transcript of proceedings in the context of a judicial review application; and
2) Under what circumstances can an employer ask unionized employees to submit to drug and alcohol tests?
Charter: Bike Lanes Cycling to the Supreme Court?
In this case, the Court of Appeal pointedly directed Canadian judges to apply their brakes and ‘stay in their respective lane’.
Criminal Law: Mistaken Identity Based on Typo
In this case, the Court of Appeal summarized the legal principles that govern when fresh evidence should be accepted on appeal.