This is the second part of a two-part series on Ryerson University’s application to found a new law school in Canada. Part 1 provides an argument for why Ryerson should not be granted approval for a law school based on the current market. Part 2 highlights some of the ways in which Ryerson’s application contributes innovative […]
** Author’s Note: This post is the product of a conversation I had with an expert on the case. I am humbled by and indebted to that person for their incredible kindness and for the time they took out of their busy schedule to discuss this topic with me. ** We sent an alarming 16 […]
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court of Appeal (2015 BCCA 279) to stay a proposed class action against Facebook on the basis of a forum selection clause […]
National inquiries have historically been reserved for the gravest matters of public concern. Since 1980, the RCMP has reported 1,181 homicides and long-term disappearances of Indigenous women in Canada. Some advocates believe the number to be as high as 4,000―that is 4,000 women that have been killed, or lost, or both. This past August, the […]
Introduction In R v Anthony-Cook, 2016 SCC 43, the Supreme Court of Canada adopted the “public interest” standard that trial judges across Canada are to employ to asses a joint submission on sentencing. While the case seeks to provide greater clarity for courts, prosecutors, accused persons, and their counsel, understanding the standard and what […]
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 […]
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 […]
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 […]
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 […]
“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 […]