Introduction Remedy Drug Store Co Inc v Farnham, 2015 ONCA 576, is centered on a dispute over whether the parties reached a settlement agreement arising out of the breakdown of an employment relationship. The Ontario Court of Appeal reaffirmed its attitude to settlements: "it is in everyone's interest that litigation be concluded by the parties' […]
Ignored Cries In Hinse v Canada, 2015 SCC 35 [Hinse] an element of the Crown’s prerogative power is brought into the limelight. Hinse was exonerated approximately 30 years after his conviction for armed robbery. He served five years and ultimately received a settlement for the injustice he experienced. It was Hinse’s position that not only […]
Introduction The effects of globalization are deep and far reaching – not least with respect to the Canadian legal framework. As cross-border litigation involving multinational corporations becomes increasingly prevalent, courts are forced to grapple with the challenges of reconciling the domestic and international aspects of these disputes. In Chevron Corp v Yaiguaje, 2015 SCC 42 […]
In Strickland v Canada (Attorney General) 2015 SCC 37 [Strickland], the Supreme Court of Canada (“SCC”) considered whether the provincial superior courts could review the validity of a federal administrative action. Both the majority opinion, written by Justice Cromwell, and the concurring opinion held that provincial superior courts are able to consider the validity of […]
The Facts In 2008, Jason Rodgerson met Amber Young at a bar in Oshawa. According to Rodgerson, after consuming alcohol and ecstasy together, he and Young engaged in consensual sex at his home. Rodgerson then lost interest in Young and wanted to return to the bar. Tensions escalated when Young asked to be compensated for […]
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]
Much has changed this year with the Supreme Court of Canada’s ("SCC") new "labour trilogy" of Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1 [Mounted Police], Meredith v Canada (Attorney General), 2015 SCC 2, and Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4 [Saskatchewan]. These cases help define the scope […]
It is not every Supreme Court of Canada (“SCC”) case that deals with situations which thousands of Canadians encounter daily, and it is not every decision that has the potential to have immediate implications. Societe en commandite Place Mullins v Services immobiliers Diane Bisson Inc, [2015] SCC 36 [Place Mullins], however, is just such a […]
Overrepresented in Jails, Underrepresented in Juries Since the 1970s, Grassy Narrows First Nation reserve has become synonymous with mercury poisoning and the associated health effects. By any measurement, the residents of the reserve have had a rough deal handed to them. In 2007, Grassy Narrows was also the site of a murder, the details of […]
An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada (“SCC”), held that the plaintiff, who was wrongfully convicted and consequently spent twenty seven years in prison for crimes he did not commit, […]