The concept of mindfulness involves being present in the moment and allows an individual to take into consideration their surroundings, which may play a role informing their decision making. When someone is mindful of their circumstances, especially when driving, arguably they are in much better position to achieve the best results.
The need to safeguard privacy has long been a mainstay of the Canadian legal system. The right to secure autonomy and control over our private information has been preserved both by federal criminal legislation and the Charter of Rights and Freedoms [Charter], further bolstered by jurisprudence addressing the importance of privacy and autonomy to our […]
Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an effects-based test or a purpose-based test. In essence, the anti-deprivation rule does not allow contracting parties to include contractual provisions where, if one party declares […]
A dismissed employee is entitled to a bonus that vests during their notice period, absent clear contractual language to the contrary.
Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]
With housing prices skyrocketing in various metropolitan regions across Canada, the demand for mortgages—known as hypothecs in Quebec—has also increased. Yet in times of economic hardship, creditors are prone to default mortgages borrowed from banks as well as independent mortgage providers. Unlike the rest of Canada which maintains that property is owned through a fee […]
Does protecting an individual’s freedom of expression supersede protecting those harmed by it? Where does the public interest lie within this analysis? These are the questions that the Supreme Court of Canada (“SCC”) grappled with in the recent decision of Bent v Platnick, 2020 SCC 23 [Platnick], decided alongside 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes]. This […]
On September 24th, 2020, the Supreme Court of Canada (“SCC”) put an appropriate end to the Jim Karygiannis saga that has captured Toronto City Hall for almost two years in James Karygiannis v City of Toronto, et al. It denied leave to appeal, thereby ending Karygiannis’ efforts to return to his Scarborough-Agincourt council seat. Since […]
In a spousal immigration decision at the Federal Court last month, the legal definition of a conjugal relationship was expanded to include couples who have different sexual orientations — in this case, a gay man and straight woman. In AP v Canada (Citizenship and Immigration), 2020 FC 906 [AP v Canada], Justice Janet M. Fuhrer […]
The Supreme Court of Canada (“SCC”) or (“the Court”) released their decision on R. v. Thanabalasingham 2020 SCC 18 [Thanabalasingham] on July 17, 2020. This case has been consistent with the Court’s trend towards discouraging prolonged institutional delays.