As the extensive reach of the Internet continues to blur borders, so too are issues of legal jurisdiction increasingly entwined. Courts are now frequently called upon to reconcile a once novel question: are our current laws still appropriate in a digital age? The rise of the Internet particularly challenges Canadian courts to determine when they […]
On December 20, 2017, the Supreme Court of Canada (the “Court”) released Deloitte & Touche v Livent Inc., 2017 SCC 63 [Livent], a decision in which the Court refined the framework for analyzing a defendant’s duty of care in cases of negligent misrepresentation of performance of a service. This decision has far-reaching consequences for auditors, […]
Author's Note: This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers. Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]
On July 20th 2018, the Supreme Court of Canada unanimously held that “although solicitor-client privilege provides a near-impenetrable shield for communications with counsel, it is not a sword that can be wielded to pierce informer privilege.” In other words, privilege cannot pierce privilege. Confident and well-constructed, Justice Abella’s decision for the Court in R v […]
The internet is like the wild west of the modern age. The simile may be trite, but there is no denying that the internet continues to progress faster than the law can regulate, rapidly presenting novel challenges for the courts. In particular, since the appearance of controversial sites such as Napster in the late 1990s, […]
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. This is the second part of a two-part post. Part I offered some insight into the scope and identity of the McLachlin Court, as […]
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. It has now been a few months since the retirement of the Right Honourable Beverley McLachlin from the role of Chief Justice of […]
When corporate lawyers choose to exchange information with opposing counsel, they do so with a view towards a smooth and confidential closing of their client’s transaction. In particular, the promise of confidentiality is granted by the doctrine of “common interest privilege”. Privilege protects all communications between a professional legal adviser and their clients from being disclosed […]
In India v Badesha, 2017 SCC 44 [Badesha] the Supreme Court of Canada (“the Court”) weighed in on the extradition of two Canadian citizens charged in India for conspiracy to commit murder in an alleged honour-killing. The Court’s decision provides a useful overview of extradition law in Canada and the factors the Minister of Justice […]
“Do you wish to say anything?” On February 14, 2018, the Supreme Court of Canada (“SCC”) decided in R v G.T.D., 2018 SCC 7 [G.T.D.] that those six words, said by an arresting officer to the accused, were sufficient to breach G.T.D’s rights to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms […]