It is not very often that mainstream news picks up a Superior Court case for reasons of administrative technicalities. However, it is not every day that a first-degree murder charge is prevented from being heard on its merits. R v Picard, 2016 ONSC 7061 [Picard] is just one example of numerous legal cases that are being […]
Canada’s eighth Chief Justice, Sir Lyman Duff, sits in his easy chair by the roaring fire in his home at 488 Wilbrod Street. Kenneth Campbell, his assistant, occupies a familiar place by his side. Campbell pores over the books that range in topic from the latest works on atomic energy to the political philosophy of […]
Last year, TheCourt.ca conducted an in-depth review and analysis of the CIBC v Computershare, 2015 ONSC 846, mortgage fraud case. The original owners of a home had fraudulently discharged their mortgage unbeknownst to their lender, Computershare, who continued to receive regular mortgage payments. Subsequently, the owners sought another mortgage from CIBC. As title was clear, […]
Election financing law reform was a hot topic in several Canadian provinces throughout 2016. The trend looks likely to continue through 2017. On October 11, 2016 the Supreme Court of Canada (“SCC”) heard a challenge to British Columbia’s Elections Act, RSBC 1996, c 106 [EA]. Closer to home, new election financing rules came into effect […]
In a fascinating, divided, and ultimately underwhelming start to 2017, the Supreme Court in Ernst v. Alberta Energy Regulator, 2017 SCC 1, grapples with the availability of Charter damages in the face of a statutory bar to civil litigation against a public regulator. The case arises in the context of a property owner, Jessica Ernst […]
On January 12, the Supreme Court of Canada ("SCC") dismissed the Ottawa Police Service and civilian Mark Krupa’s application to appeal the Ontario Court of Appeal’s ("OCA") decision in Jacobs v Ottawa (Police Service) 2016 ONCA 345. By doing so, the SCC upheld the OCA’s decision that, under the Police Services Act RSO 1990, c […]
Last year, I wrote a two-part “Year in Review” special, analyzing some of the interesting aspects of the Supreme Court of Canada’s 2015 calendar year. Part I was a statistical analysis of the Supreme Court’s activity, while Part II looked at some of the most significant decisions rendered that year by Canada’s highest court. This […]
When Driedger’s “modern principle” was first articulated in Rizzo v Rizzo Shoes Ltd (Re), [1998] 1 SCR 27 as the SCC’s preferred approach to statutory interpretation, the onerous task of interpretation was thought to finally be resolved. Yet it has always astonished me how frequently the words of a statute continue to give rise to […]
Process and procedure within our justice system have been an interest of mine since I first stepped foot into Osgoode Hall Law School almost three years ago. Understanding the way the judicial system works in Ontario and Canada at large is an important part of a well-rounded law school education. Efficiency and timeliness have been […]
In the spring of 2012, thousands of students in Quebec took to the streets to protest proposed increases in university tuition fees. Student organizations held votes opposing the increases and declared that students were “on strike.” Students formed picket lines at many institutions that prevented other students and professors from accessing buildings. Some individuals turned […]