Facts and Background On November 26, 2010, the Supreme Court of Canada ("SCC") decided the criminal case of R v Tran, 2010 SCC 58 – an appeal for a conviction of second-degree murder by a former Edmonton Sun production plant worker that clarified the defence of provocation for violent spouses. The facts of the case seem […]
State of the Union President Barack Obama delivered the annual State of the Union address to the U.S. Congress this past week. Amongst other things, he highlighted the need to invest in innovation and education, as well as the need to tame the raging US deficit. His address, entitled “Winning the Future,” cast the legislative […]
And the Nominees Are... It's that time of year again, court-watchers. As nominations for the 83rd Annual Academy Awards (Oscars) were announced earlier this week, we at TheCourt thought it about time we released the list of nominees for our own annual prize -- the equally prestigious and most coveted Golden Gavel, formerly known as […]
On December 23, 2010, the Supreme Court of Canada ("SCC") released its long-awaited decision in Canada (Attorney General) v TeleZone Inc, 2010 SCC 62 [Telezone]. This decision finally puts to rest the contentious debate over whether private law actions involving the decisions of federal administrative decision makers must be first adjudicated by way of judicial review in the […]
One of the more novel cases that the Supreme Court of Canada ("SCC") will hear in their winter 2011 session is Doré v Bernard, a case stemming from a 2001 incident in the Quebec Superior Court that landed at the SCC via the Quebec Court of Appeal ("QCCA") (see 2008 QCCA 1438). The case concerns the ability […]
Degree of Responsibility on the Line As Google Goes to Court Google has gone to court in Spain to appeal government demands that it delete links to websites containing information about certain individuals. While Google has shown itself willing to remove content in criminal contexts, the Internet search giant fears a ruling against it in […]
This March, the United States Supreme Court ("SCOTUS") will consider whether to certify the largest employment discrimination class action in the country's history. For nearly ten years, Betty Dukes and five other representative plaintiffs have held the "David v. Goliath" title after they brought a lawsuit against Wal-Mart on behalf of all women employed by […]
iTunes, Amazon.com, Puretracks.com, Rogers Music Store, Sympatico Music Store. For those music lovers who legally download music, these various websites are but a few examples of online sources for mp3 and AAC downloads. As part of the digital consumer experience and convenience of online shopping, previews of songs are provided: 30 second clips that allow […]
January 14, 2011 marked the ten-year anniversary of the first same-sex marriages registered in Canada. In 2001, two couples were the first to marry at the Metropolitan Community Church of Toronto (MCCT), but the Ontario and Canadian governments refused to recognize the marriages as legal. What followed was a legal challenge to the definition of […]
The Court had a busy semester covering cases appearing at various levels of courts in Canada and abroad. You might have noticed that we’ve covered fewer major Supreme Court of Canada ("SCC") decisions appearing on the docket (aside from a quick burst over the holidays) and more decisions at the appeal and Federal court levels. There […]