Considering the Role of Regulatory Bodies in Satisfying the Crown’s Duty to Consult: Chippewas of the Thames v Enbridge; Clyde River v Petroleum Geo-Services.

On July 26, 2017, the Supreme Court of Canada (“SCC”) released two decisions, Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 [Clyde River] and Chippewas of the Thames First Nation v Enbridge Pipelines Inc., 2017 SCC 41 [Chippewas], that provided much needed clarification on the role of the National Energy Board (“NEB”) and […]

The Tipping Point: Regulation of Toronto’s Airbnb Market

Launched in 2008, Airbnb began as a simple platform with a few hundred users that offered alternative short-term rentals to travellers. Today, Airbnb has an estimated value of $31 billion dollars, more than 150 million users, and is utilized in nearly 200 countries with millions of listings. Airbnb has become the leading single source of […]

Canada and Corporate Social Responsibility

The idea of who directors and officers owe a fiduciary duty to has been debated for quite some time, both in the courts and within academia. Although this discussion has received complicated and mixed opinions, the age-old question unfolds rather simply: Does a corporation—its directors and officers included—owe a duty to non-shareholder stakeholders, or is […]

Employment Law Changes on Severability? Interview of counsel in upcoming ONCA ruling

The contentious issue of severability clauses within the realm of employment law rears its head again in North v Metaswitch Networks Corporation, (Superior Court File # CV-16-2485-00, Ontario Court of Appeal File # C62624) [North], a case recently argued before the Ontario Court of Appeal (“ONCA”). A past review by TheCourt.ca of a pertinent case […]

The Shafia Case and Unwelcome Changes to The Palmer Test

To set the stage for this post on R v Shafia 2016 ONCA 812 (presently on leave to appeal to the Supreme Court of Canada (SCC)), I turn to the prose of Justice Watt at the Ontario Court of Appeal (“ONCA”): Boaters who travel the Rideau Canal system between Colonel By Lake and Lake Ontario […]

Canada’s Longest Recent Sentences and the Questions and Controversies of Consecutive Life Sentences

On February 17, 2017, Justice Gates of the Alberta Court of Queen’s Bench handed down what is being referred to as the “harshest” sentence in recent Canadian history, tied with Christien Bourque’s sentence in 2014. This disposition of three consecutive life sentences, which will render the offender ineligible to apply for parole for 75 years, […]

Involuntary Parenthood: The ONCA teaches an appellant about the birds and the bees

Budding Romance Justice Paul Rouleau has likely seen it all in his illustrious career—however, his ruling in the matter of PP v DD, 2017 ONCA 180 will surely stand out as memorable. The two parties before the court were once short-term lovers caught up in the throws of passion. The male, a medical doctor, the […]

Challenges to Site C By First Nations Dismissed by the FCA and BCCA

On January 23rd and February 2nd 2017, the Federal Court of Appeal (“FCA”) and British Columbia Court of Appeal (“BCCA”) respectively rendered judgment on applications for judicial review brought by members of the Treaty 8 First Nations (the Prophet River First Nation and West Moberly First Nations) (2017 FCA 17, Prophet River, FCA; 2017 BCCA […]

R v Bingley: Drugs, Discretion, and Deference

In 1994, Justice Sopinka warned against the dangers of expert evidence distorting the fact-finding process: “Dressed up in scientific language which the jury does not easily understand and submitted through a witness of impressive antecedents, this evidence is apt to be accepted by the jury as being virtually infallible and as having more weight than […]

Nelson (City) v Mowatt : Don’t Apply the Inconsistent Use Doctrine in BC (and Don’t Meddle with the Trial Judge)

In Nelson (City) v Mowatt, 2017 SCC 8 [Mowatt], the Supreme Court of Canada (“SCC”) recently found that the British Columbia Court of Appeal (“BCCA”) erred when it interfered with the finding of fact related to adverse possession in 2016 BCCA 113, setting aside two decisions of Kelleher J., 2014 BCSC 988 and 2014 BCSC 2219. The SCC […]