Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees. In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]
TheCourt.ca is pleased to present its annual Year in Review special for 2017 (see also our 2015 and 2016 Year in Review posts). 2017 was particularly impactful for the Supreme Court of Canada ("SCC"): the Court heard heavily publicized cases in its fall session alone including Trinity Western University (Trinity Western University v Law Society […]
On January 31, the Ontario Superior Court (“ONSC”) released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first half of this two-part post, I provided a summary of the facts of the case and analyzed the Court’s reasons on standard of review and […]
On January 31, the Ontario Divisional Court released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first of this two-part post, I provide a summary of the facts of the case before analyzing the Court’s reasons on standard of review and the Applicants’ […]
In Cowper-Smith v Morgan, 2017 SCC 61 [Cowper-Smith], the Supreme Court of Canada (“the Court”) brings back painful memories of first-year Contracts and attempts to clarify the complex equitable doctrine of propriety estoppel despite several differing interpretations. Proprietary Estoppel Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise […]
Alexandra Murray is currently a JD student at Osgoode Hall Law School. Prior to law school, she earned a degree in economics and worked in the mutual fund industry. Alexandra will be completing her articles at a firm in Toronto with an interest in corporate and securities law. On January 25th, the Ontario Court of […]
You would be forgiven, said Justice Rosalie Silberman Abella at Chief Justice Richard Wagner’s swearing-in ceremony, for forgetting that it is possible for men to become the Chief Justice of the Supreme Court of Canada (“SCC”). A female justice has overseen the SCC for so long that it is tempting to consider male leadership a […]
“Privilege” is a common-law doctrine that prevents the compulsory disclosure of documents or information that is against the public interest. As Justice L’Heureux-Dubé explains: The doctrine of privilege acts as an exception to the truth-finding process of our adversarial trial procedure. Although all relevant information is presumptively admissible at trial, some probative and trustworthy evidence […]
“Enjoy, contribute, learn, teach…” – Professor Simon Fodden, in Slaw, July 2005 It is a privilege to learn the law. To have a legal education is to inherit a robust intellectual tradition that's been shaped and molded by academics, lawyers and judges for hundreds of years. This privilege is compounded by the opportunity law presents to […]
On December 1, 2017, the Supreme Court of Canada (“SCC”) released First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 [Yukon], an important decision concerning the interpretation of modern treaties and, in particular, the Crown’s obligations in land use planning processes established by Yukon Final Agreements. Although this case does not change the […]