The Supreme Court’s judgment in R v Meer [2016 SCC 5] was very brief. In essence: appeal dismissed; majority below—right, dissent—wrong. The case itself, however, as described in the reasons of the Alberta Court of Appeal (“ABCA”) [2015 ABCA 141] from which the appeal was made, has all the qualities of a soap opera. It […]
Some time ago, I wrote a piece on the one line Supreme Court of Canada (“SCC”) holding that the appeal in R v Riesberry [Riesberry] is to be dismissed. In that article, I purported to prognosticate on the ratio to be derived from what, on the facts, appears to be a straightforward case. Briefly: a […]
The internet has made our life efficient and easier but it has also enabled bullies and predators to find new and persistent ways to reach their victims. A step in the right direction was taken by the Ontario Superior Court, in Doe 464533 v ND, 2016 ONSC 541 [Doe], by establishing the new tort of […]
In R v Rogers Communications, 2016 ONSC 70 [Rogers], Justice John Sproat of the Ontario Superior Court of Justice provided some much needed guidance to police and issuing justices when handling production orders for “tower dumps.” Sought by investigators through a court order, tower dumps occur when a telecom company is compelled to provide the […]
The electronic records of elected officials have been a recent subject of interest both in Canada and in the United States. Most recently, Democratic Presidential nominee hopeful, Hillary Clinton, started her campaign amid controversy in relation to a private email server she had used during her time as US Secretary of State. The implications led […]
Everyone has the right to a fair trial. This foundational principle was undermined in Stuart Budd & Sons Limited v IFS Vehicle Distributors ULC, 2015 ONSC 519 [IFS, Motion]. On appeal, the Ontario Court of Appeal (“ONCA”) determined that a reasonable and informed objective observer would consider the motion judge, Justice Corbett, to have displayed […]
Sentencing is both a science and an art. In R v Bosco, 2016 BCCA 55 [Bosco], the British Columbia Court of Appeal reviewed both the general guiding principles of sentencing and the desired impact of sentencing in dangerous driving charges. The appellant and the Crown agreed on these principles but disagreed on whether the sentencing […]
Courts have long grappled with when to give deference to tribunals. In Canada (Attorney General) v Gatien 2016 FCA 3 [Gatien FCA], the courts return to the level of deference owed to decisions made by the Public Service Labour Relation Board (“PSLRB”). Interestingly, in Gatien FCA Ms. Gatien, who won at the PLSRB, sought judicial […]
Testamentary freedom is a foundational principle of estate planning. Individuals are allowed to decide how to devise their assets with minimal state interference. However, testamentary freedom has several key limitations. One notable way to curb this otherwise unhindered freedom is striking down clauses in a will that violate public policy. Last week in Royal Trust […]
Every year, Canadians can be found searching for ways to avoid paying the Canadian Revenue Agency (“CRA”) more than they absolutely have to in taxes. Many of us work hard for our money and do not want to give it up so easily. In a progressive tax system like Canada, the more you earn the […]