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Redeemer: Are Charitable Donations a "Write Off"?

An interesting case dealing with tax and registered charities was granted leave to appeal on May 10, 2007. Redeemer Foundation v. Canada (Minister of National Revenue), 2008 SCC 46, looks at the extent to which the procedure in s. 231.2(2) of the Income Tax Act, RSC 1985, c 1 (5th Supp) applies to the Minister, or Canada […]

R. v. A.M.: Is a Dog Sniff a 'Search'?

Within a week’s time, the Supreme Court of Canada ("SCC") is scheduled to hear a case of considerable importance to the future interpretation of section 8 of the Canadian Charter of Rights and Freedoms. In its consideration of what precisely constitutes a ‘search’ under the Charter, R. v. A.M., 2008 SCC 19 [A.M.], will offer a needed […]

The Legal Concept of the Child

The Centre for Innovation Law and Policy at U of T’s Faculty of Law held their 2nd International Symposium on Online Child Exploitation last Monday. Although the gamut of speakers ranged from media studies professors to clinical psychologists, one particularly noteworthy panel focused on the legal concept of the child. In doing so, this panel […]

Report from Japan: Surrogacy Contracts in the Supreme Court of Japan

On March 23, 2007, the Supreme Court of Japan handed down a judgment to deny the parenthood of Japanese genetic parents for twin boys given birth to by an American surrogate mother. This judgment reversed a Tokyo Appellate Court decision from 2006 that acknowledged the parenthood of the Japanese married couple who had their artificially […]

Kraft Canada: The Chocolate Covered Copyright

Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37, is an interesting copyright case dealing with “gray marketing”. This appeal from the Federal Court of Appeal was heard by the Supreme Court of Canada  in January of 2007 and is awaiting judgment. The respondent, Kraft Canada Inc. ("KCI"), brought an action against the appellant, Euro-Excellence Inc. for […]

Wal-Mart: The Ringing Sound of Silence

Of the 13 leave applications dismissed last Thursday, one was an appeal from Wal-Mart against a unionization effort in Gatineau in which Wal-Mart sought to restore a cancelled order for a secret ballot of the store employees. While this may not seem too noteworthy on its own, it is interesting that this is the fourth […]

Bruker: Are Religious Promises Enforceable Promises?

It is often remarked that Canada is a multicultural society perpetually striving to affirm the equality and dignity of all her citizens. Such recognition, however, should not blind us to the reality that multiculturalism is a road upon which we continue to sometimes awkwardly stumble. This is particularly the case at the interstice between religious […]

Airing Dirty Laundry: Implied Waiver of Privacy in Medical Records

Glegg v. Smith & Nephew Inc. is an important case regarding privacy in medical records. While many people may believe their confidential medical matters will be protected behind the closed door of their doctor’s office, their privacy may not be guaranteed. Louise Glegg, the respondent, fractured her right femur and hip and was taken to […]

Leave Applications Granted

The Supreme Court ("SCC") yesterday granted leave to appeal in five cases. They dismissed a further 13 applications. Canadian Federation of Students v. Greater Vancouver Transportation Authority, 2006 BCCA 529 This is likely to be the highest-profile of the five cases granted leave yesterday. In this case, the respondents (who include the BC Teachers’ Federation […]

Syl Apps: Putting Children First

Last Thursday the Supreme Court of Canada ("SCC") heard Syl Apps Secure Treatment Centre, et al. v. B.D., et. al., 2007 SCC 38 [Syl Apps],  a case that will have lasting consequences on the ability of child welfare agencies and officials to perform their duties. In Syl Apps the SCC will decide whether officials owe a […]