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TheCourt.ca is the premier source of commentary on, and analysis of, the work of the Supreme Court of Canada. Our 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.
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APPEAL WATCH: SCC to Revisit Principles of Fundamental Justice and Charter Damages in Named Persons
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On February 2, 2026, the Supreme Court of Canada granted leave to appeal the Court of Appeal for British Columbia’s judgment in Named Persons v Canada (Attorney General), 2025 BCCA 197. This appeal provides the SCC with an opportunity to clarify the scope and application of s 7 principles of fundamental justice and s 24(1) damages under the Charter.
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Aphria Inc. v. Canada Life Assurance Co.: Can the common law be changed with prospective-only effect?
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In February 2026, the SCC heard the appeal in Aphria Inc. v. Canada Life Assurance Co. The question presented asks whether commercial landlords who reject a tenant’s lease repudiation are subject to the doctrine of mitigation. On its face the case seems to be of niche interest: significant for commercial property and contract lawyers, of course, but perhaps a dry topic for others. Far from it. As became apparent during oral arguments before the SCC, the appeal in Aphria puts in issue fundamental principles regarding the nature of common law decision-making.
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APPEAL WATCH: Fair Election Outcomes and Unfair Election Processes (Anglin v Resler)
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The Supreme Court of Canada has heard the appeal from the judgment in Anglin v Resler, 2024 ABCA 113, leave to appeal to SCC granted (41298). This case is a high-stakes appeal from a motion to strike as it raises a single issue affecting Canadian voters and the integrity of elections: whether a defeated candidate can bring a tort claim against an election official based on an allegation that the candidate lost the opportunity to win the election due to the conduct of the election official.
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When an Unsuccessful Seizure Interrupts Prescription: Mohawk Council of Kanesatake v Sylvestre
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In Mohawk Council of Kanesatake v Sylvestre, 2025 SCC 30 (“Kanesatake”) the Supreme Court of Canada considered whether an unsuccessful attempt to execute a judgment can interrupt an extinctive prescription under Quebec civil law. The case arose after creditors filed and served a notice of execution against the Mohawk Council of Kanesatake but ultimately seized […]
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APPEAL WATCH: SCC to Decide on the Scope of Core Jurisdiction in Ontario Place Protectors
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The Supreme Court of Canada has granted leave to appeal the Court of Appeal for Ontario’s decision in Ontario Place Protectors v Ontario, 2025 ONCA 183. This case presents an opportunity for the SCC to clarify whether the public trust doctrine exists in Canadian law and the scope of the superior courts’ core jurisdiction in the context of Crown immunity.
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Could Quebec v Senneville Foreshadow the End of Reasonable Hypotheticals under Section 12 of the Charter?
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Quebec v Senneville, 2025 SCC 33 is a publicly polarizing yet legally unsurprising decision of the SCC. Senneville affirms that the 1-year mandatory minimum sentences associated with the offences of accessing and possessing child pornography when prosecuted by indictment are contrary to section 12 of the Charter. However, only a narrow five-judge majority arrived at this conclusion, while four dissenting judges stopped short of a complete analysis.