In R v Schmidt, 2014 ONCA 188 [Schmidt], a decision released on March 11, 2014, the Ontario Court of Appeal considered the legality of a milk farmer’s scheme to sell unpasteurized milk and milk products – which can pose a serious health risk – as part of a “cow-share agreement.”
This post is the first of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]
Sabina Mexis 9.2720 Normal 0 Southcott Estates Inc v Toronto Catholic District School Board, [2012] 2 SCR 675, is about an agreement to buy surplus school land for use as a housing development. The school board did not complete the transaction, and it was undeniably in breach of contract. Interestingly, at the end of a long legal […]
Today, the Supreme Court of Canada released its decision in Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, which dealt with the appointment of Justice Marc Nadon of the Federal Court of Appeal to the Supreme Court of Canada. The Court's previous discussions of the case can be found here and here. […]
After two trials and cycles through the appellate court system, the Supreme Court of Canada (SCC) has dismissed the appeal in R v Hutchinson, 2014 SCC 19 [Hutchinson]. Building on the decision in R v Mabior, [2012] 2 SCR 584 [Mabior], the Court in Hutchinson further clarified the law surrounding consent to sexual activity, holding that […]
Pensions are often the lifeline for the millions of pension holders once they retire. Pension plans also fluctuate in value if parts of the funds are invested in securities. In such cases, actuarial surpluses occur when a fund’s assets are greater than the actuarial estimate of the pension plan’s liabilities, and sometimes it is not […]
On February 12, 2014, the Supreme Court of Canada heard an appeal from the Alberta Court of Appeal’s decision in Bhasin v Hrynew, 2013 ABCA 98. My previous analysis of the ruling can be found here on The Court. Lawyers for the plaintiff and the defendants made their oral submissions before Chief Justice McLachlin, along […]
On 24 February 2014, the Ontario Divisional Court allowed the certification of a class action on the basis that the need to ensure that the plaintiffs received access to justice outweighed the difficulties that their many individual issues could produce for a trial: Cavanaugh v Grenville Christian College, 2014 ONSC 290 [Cavanaugh]. This case is […]
Sabina Mexis 9.2720 Normal 0 The final act in an eleven year long class proceeding has concluded with Smith v Inco Ltd, 2013 ONCA 724. The defendant Inco had successfully defended itself against the claim for damages in the class action. Here, it sought to recover legal costs of over $5 million. Inco was awarded a still […]
Last Wednesday, the United States Supreme Court heard oral arguments for Halliburton Co v Erica P. John Fund, thereby revisiting the contentious “fraud-on-the-market” principle adopted in the 1988 case of Basic Inc v Levinson, 485 US 224 (1988). The principle works as follows: open and developed securities markets are efficient and all relevant information about […]