Serving more than 49,000 real estate brokers in the Greater Toronto Area, the Toronto Real Estate Board (“TREB”) is Canada’s largest real estate board. The majority of real estate transactions in Toronto make use of TREB’s Multiple-Listing Service (“MLS”), an online tool for brokers to help customers buy and sell homes. In particular, the MLS […]
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for determining when Ontario courts can assume jurisdiction over class actions involving absent foreign claimants. This decision provided much-needed clarity on the […]
How private are your private messages? Can the police read the texts you send to others? This post explores R v Marakah, 2017 SCC 59, in which the Supreme Court of Canada found that a sender can have a reasonable expectation of privacy over messages retrieved from the phone of the person receiving those messages. The […]
The dialogue over the role that Charter values should play in administrative and judicial reasoning continues to expand and evolve. In one of my entries for TheCourt.ca last year, I assessed how the recent decision of the Ontario Court of Appeal (“ONCA”) in Gehl v Canada (Attorney General), 2017 ONCA 319 [Gehl] fits into this larger debate. […]
On December 21st, 2017, the Supreme Court released its decision in R v Boutilier, 2017 SCC 64 [Boutilier], which deals with a constitutional challenge to the dangerous offender scheme in the Criminal Code, RSC 1985, c C-46 [the Code]. This post will discuss the case and offer insight into its importance. In particular, the post […]
In Association of Justice Counsel v Canada (Attorney General), 2017 SCC 55 [Association of Justice Counsel] the Supreme Court of Canada ("SCC") elaborated on the relationship between the provisions of reasons and the reasonableness standard of review.
On December 15th 2017, the Supreme Court released its decision in British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 [Schrenk], which deals with the question of whether discrimination “regarding employment” can ever be perpetrated by someone other than the complainant’s employer or superior in the workplace. The following post will discuss the case […]
Does an owner of a garage owe a duty of care to teenagers who steal and drive the garage’s serviced cars? On October 5, 2017, the Supreme Court of Canada (“SCC”) heard submissions on this unusual question in the case of James Chadwick Rankin cob Rankin’s Garage & Sales v JJ by his Litigation Guardian, […]