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TheCourt.ca is the premier source of commentary on, and analysis of, the work of the Supreme Court of Canada. Its goal is to be an inclusive forum for academics, practitioners and interested citizens to publish, review and discuss commentary on recent Supreme Court judgments, upcoming cases, current hearings, scholarly perspectives, practical insights, updates and more. The blog was originally founded by Simon Fodden, Professor Emeritus at Osgoode Hall Law School, and has been continuously publishing commentary since 2005. Over the years, TheCourt.ca has attracted thousands of readers and featured writing by leading scholars and practitioners.
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R v Jaser and the Supreme Court’s Silence on National Security Appeals
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In August 2025, the Supreme Court of Canada declined to hear Raed Jaser’s latest appeal in the high-profile terrorism prosecution arising from the 2013 VIA Rail plot. As is customary in leave to appeal decisions, no reasons were provided.
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The Right to Know: SCC Strikes Down Election Spending Limits for Third Parties in Working Families
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In Ontario (Attorney General) v. Working Families Coalition (Canada) Inc., 2025 SCC 5, [Working Families], the Supreme Court of Canada (“SCC”) held that the spending limits imposed by the Ontario government on third parties for political advertising infringed section 3 of the Canadian Charter of Rights and Freedoms, The Constitution Act, 1982, Schedule B to […]
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Kohli v Thom: Relocation, Family Violence, and the Limits of Income Imputation
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In Kohli v Thom, the Court of Appeal for Ontario tackled two recurring flashpoints in modern family litigation: (1) whether a parent who has survived intimate-partner violence may relocate with a young child over the objection of the other parent; and (2) how a court should treat the survivor’s earning capacity when assessing child and spousal support.
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