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National Class Actions and Judges Sitting Extra-Provincial Proceedings: Endean v British Columbia

Introduction and Background In most Canadian jurisdictions, a class action cannot proceed without a certification. The story of  Endean v British Columbia, 2016 SCC 42 [Endean] begins with the superior courts of British Columbia, Ontario, and Quebec certifying concurrent class actions on behalf of persons infected with Hepatitis C through the Canadian blood supply. These […]

R v Oland: Why Dennis Oland got a New Trial

The gruesome killing of Richard Oland—a wealthy businessman and a member of the family that owns the iconic Moosehead Brewery—sent shockwaves throughout the province of New Brunswick, not least given the fact that his son, Dennis Oland, was ultimately convicted of his murder. This controversial murder mystery recently took another interesting twist; on Monday, October […]

Homophobia in the Jury Room? The Court of Appeal Rules in R v. Dowholis

Last year, TheCourt.ca published an article discussing when a jury member’s actions could be egregious enough to nullify a verdict. This week, in R v Dowholis, 2016 ONCA 801 [Dowholis], the Court of Appeal for Ontario (“ONCA”) dealt with the actions of yet another rogue juror. This sexual assault case called into question whether the […]

Singh v Trump: How ONCA Trumped Toronto Real Estate Developers Gone Wild

In 2009, fully oblivious to the housing market collapse in the United States, I thought it a good idea to get into the Toronto condo market. With down payment money borrowed from my parents, I signed an Agreement of Purchase and Sale in a development project that promised to create a whole new neighbourhood on […]

“More Than Mere Trimming”: Hockey, Judicial Arrogance, and Igloo Vikski

“Twas the saying of an ancient sage that humour was the only test of gravity, and gravity of humour. For a subject which would not bear raillery was suspicious; and a jest which would not bear a serious examination was certainly false wit.” – Anthony Cooper “Humour [in the courtroom] must always be moderate, measured […]