By now we have all heard the story of three children and their grandfather killed in a car accident in Vaughan, ON on September 27th due to the actions of an alleged drunk driver. The heart wrenching public statements made by a father who must bury all of his children and a mother who lost both […]
Introduction The regulation of medical marihuana has been a hot topic for quite some time now. More recently, the issue of how much regulation should be required went up to the Supreme Court of Canada (“SCC”) in R v Smith, [2015] 1 SCR 34 [Smith] this past June. In Smith, the SCC lightened the restrictions on […]
The Supreme Court of Canada (“SCC”) has handed down a decision on Steven Michael Neville v The Queen, a criminal right of appeal case that centred around the jury’s question of whether “to kill” was the same as “to murder.” The trial judge’s instructions left the answer to this question unclear, leading to concerns that […]
In Arnone v Best Theratronics Ltd, 2015 ONCA 63 [Arnone], the Ontario Court of Appeal revisited the issue of damages calculation in wrongful dismissal cases. The decision confirms that courts must continue to apply the analysis from Bardal v The Globe and Mail, 24 DLR (2d) 140 (Ont HC) [Bardal] to determine what constitutes reasonable notice […]
The Ontario Court of Appeal’s decision in DLG & Associates Ltd. v Minto Properties, 2015 ONCA 705 [DLG], raises important issues around the limits of "exculpatory" and "entire agreement" clauses in leasing agreements: namely, how far they can be relied upon by a landlord who knowingly withholds key information from a tenant on the state […]
The Supreme Court of British Columbia (“BCSC”) recently released the long-awaited ruling in Abbotsford v Shantz, 2015 BCSC 1909 [Abbotsford]. Abbotsford heard both the action by the City of Abbotsford (“the City”) and the action by BC/Yukon Association of Drug War Survivors (“DWS”). The City sought a permanent injunction against the erection of shelters in […]
At first glance, the Supreme Court of British Columbia (“BCSC”) and British Columbia Court of Appeal (“BCCA”) decisions in R v DLW appear to focus only on uncovering the true meaning of the term “bestiality.” However, as you dig deeper, the principal issue of animal welfare begins to take on a prominent role in these […]
A defining feature of this decade has been the advent of disruptive technological innovation. Airbnb is now challenging the traditional hotel industry, Rover is providing drivers with alternatives to astronomically high parking rates, and RelayRides is making it increasingly easier for city-dwellers to not own vehicles. These services are creating increased competition among established industries—residential […]
At issue in United Mexican States v British Columbia Labour Relations Board, 2015 BCCA 32 [United Mexican States], was whether the Mexican government could claim sovereign immunity from prosecution under the Labour Relations Code, RSBC 1996, c. 244 [the Code]. The Mexican government had argued that its sovereign immunity would be violated if the British […]
First Nations and the Harper Government First Nations in Canada have reason to be hopeful in light of national and legal developments this past week. In the federal election on 19 October 2015, some First Nations communities saw their voter turnout increase by as much as 270%. This increase in turnout happened despite the Conservative […]