Alberta (Information and Privacy Commissioner) v University of Calgary - Protection of Solicitor-Client Privilege

The Supreme Court of Canada (“SCC”) recently decided two cases on solicitor-client privilege and litigation privilege in Lizotte v Aviva Insurance Company of Canada, 2016 SCC 52 [Lizotte] and Alberta (Information and Privacy Commissioner) v University of Calgary, 2016 SCC 53 [Alberta]. These judgments solidify the SCC’s safeguarding of solicitor-client and litigation privilege, and establish a higher […]

Google v Equustek: Courts Still Don’t Understand the Internet

On December 6th, 2016, the Supreme Court of Canada (“SCC”) heard the case of Google v Equustek. The SCC is being tasked with defining the legal obligations of online intermediaries such as Google. In coming up with these definitions, the SCC must also answer difficult questions surrounding the regulation of illegality on the internet – […]

Sabean v Portage La Prairie Mutual Insurance Co : Applying Ledcor and Ordinary Meaning

In its most recent decision, Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 [Sabean], the Supreme Court of Canada (“SCC”) interprets whether the Canada Pension Plan (“CPP”)  is a “policy of insurance providing disability benefits” within the meaning of certain insurance contract clauses.  The case involves the interpretation of a Nova Scotia excess insurance policy, the SEF […]

R v Natewayes: Clarity to Party Requirements in the Code and Inferring the Knowledge Requirement

The Supreme Court’s recent, very short decision in R v Natewayes, 2012 SCC 5, clarifies the tests for being proven a party to an offence in the Criminal Code, It also demonstrates that it is open for a trial judge to make a wide range of inferences regarding an accused’s knowledge based on the facts. […]

Rectification is Not Equity’s Mulligan: New Insights on the Law of Rectification in Tax Liability

The Supreme Court of Canada (“SCC”) has recently delivered two companion judgments, Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 [Fairmont] and Jean Coutu Group (PJC) Inc. v Canada (Attorney General), 2016 SCC 55 [Jean Coutu], that substantially restrict the availability of the rectification remedy in Canada.

R v Bingley: Exposing A Troubling Drug Recognition Regime

When the Ontario Court of Appeal’s decision in R v Bingley, 2015 ONCA [Bingley] (recently heard by the SCC, awaiting decision) was released last April, I was shocked. The case raises intriguing legal issues, sure, but I was perhaps more stunned by the nature of our drug-testing regime in Canada, and particularly the lack of […]

Durham Regional Police Denounced in New ONCA Ruling on Breaching Confidentiality

No Good Deed Goes Unpunished Just when you thought you’ve done the right thing in reporting serious crime to the police, you find yourself thrown into a matrix of fear, threats, and potentially physical reprisal. That is exactly what happened to Margaret Stack in Nissen v Durham Regional Police Services Board, 2017 ONCA 10, when […]

Styles v Alberta Investment Management Corporation : Understanding and Clarifying Bhasin

The case of Styles v Alberta Investment Management Corporation, 2017 ABCA 1, [Styles], began with the termination of the respondent without cause. The question in this case was: what sort of compensation is the respondent entitled to under his employment contract? At first glance, this case may seem like it falls squarely in the realm […]

Conférence des juges de paix magistrats du Québec v Quebec (Attorney General): A Commentary

This guest post was contributed by Deanna Cristovao and Talvinder Singh. Both Deanna and Talvinder are 2019 J.D. Candidates at Osgoode Hall Law School.  Judicial independence is a fundamental aspect of the rule of law. Recognized by the Supreme Court of Canada (“SCC”) as an important unwritten constitutional principle, judicial independence is essential for “both public confidence […]

Preserving Public Confidence: Conferénce des juges de paix magistrats du Québec v Québec (Attorney General)

This guest post was contributed by Madeleine Chin-Yee and Danika So. Madeleine is a JD Candidate (2019) at Osgoode Hall Law School. She completed a double major in History, and Ethics, Society & Law at the University of Toronto. Danika is a JD Candidate (2019) at Osgoode Hall Law School. She holds a dual degree […]