In EllisDon Corporation v Ontario Sheet Metal Workers' and Roofers’ Conference and International Brotherhood of Electrical Workers, Local 586, 2014 ONCA 801, the Ontario Court of Appeal ("ONCA") pronounced on the consequences of an agreement between the litigants known as the Sarnia Working Agreement (“SWA”).
Rocco Galati’s streak of successful judicial appointment challenges has come to an end. The Quebec Court of Appeal’s (“QCCA”) decision in Reference re Section 98 of the Constitution Act, 1867, 2014 QCCA 2365, allowed Justice Mainville’s appointment to the Quebec Court of Appeal. Toronto lawyer Rocco Galati had challenged this appointment, using the momentum from […]
In Peters & Co Limited v Ward, 2015 ABCA 6 [Ward], the Alberta Court of Appeal (“ABCA”) assessed the validity of an Anton Piller Order (“APO”). An APO, when issued, allows the claimant to conduct a search and remove evidence in the possession of the target. In this case, the APO allowed the search of […]
Writing for the Ontario Court of Appeal ("ONCA") in Gyorffy v Drury, 2015 ONCA 31, Justice Laskin upheld an award of non-pecuniary damages for injuries arising from a motor vehicle accident ("MVA"). The case hinged upon whether the Plaintiff was permitted to corroborate his own physician's evidence on his changed functioning after the accident. At trial, it was determined […]
In the context of more and more services being designated as “essential” by Canadian governments, a finding of a right to strike under the s. 2(d) right to freedom of association is enormously significant in Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4. It is apparent that the Supreme Court of Canada has undergone […]
In R v Campione, 2015 ONCA 67 [Campione], the Ontario Court of Appeal ("ONCA") affirmed its earlier understanding and formulation of the concept of "moral wrongness" as it relates to NCR defences. The appeal provided the Court an opportunity to clarify the nature of a specific inquiry under section 16(1) of the Criminal Code, RSC 1985, c C-46, and […]
On February 16, 2015, the Supreme Court of Canada (“SCC”) will begin hearing oral arguments in the appeal of B010 v Canada (Minister of Citizenship and Immigration), 2013 FCA 87 [B010]. The Court will determine whether “people smuggling” under s. 37(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], requires the party […]
And the Nominees Are… After a four-year hiatus, we at TheCourt.ca thought it time we revive our public announcement of our list of nominees for the prestigious Golden Gavels, formerly known as the OZZY. Unfortunately, TheCourt.ca’s editors have not yet secured the funds to rent out the Dolby Theatre for the annual Golden Gavel awards ceremony. […]