Winter is often stressful as many residents attempt to clear the sidewalk in front of their house or business to avoid being sued for an unsuspecting slip or fall. In 2021, the Supreme Court of Canada (“SCC”) settled an ambiguous area of law by extending tort liability to municipalities for improper snow removal. The SCC […]
For many people, self-defence means a person was desperate, in a kill-or-be-killed situation, and makes a split-second choice to save their own life. After R. v. Khill, 2021 SCC 37 (“Khill”), we know that’s not quite right. An accused's role may be broad, made up of any conduct that shows whether they acted reasonably—not just […]
In Canadian Federation of Students v Ontario, 2021 ONCA 553 [CFS 2021], the Court of Appeal for Ontario (“the Court”) unanimously ruled that the Minister of Colleges and Universities cannot condition funding to post-secondary institutions on a student opt-out mechanism for “non-essential” ancillary fees. The Court found that this exercise of the government’s spending power […]
*TRIGGER WARNING: This post has descriptions of violence that may be triggering to some readers* Since the abolition of the death penalty, the highest sentence a judge can prescribe to a criminal offender is a life sentence with a 25-year parole ineligibility period. Where there are multiple murder victims, under s. 745.51 of the Criminal […]
In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]
Justice Rowe of the Supreme Court of Canada (“SCC”) stated that Corner Brook (City) v Bailey, 2021 SCC 29 [Corner Brook] is about “the proper approach to interpreting the scope of a release” (Corner Brook, para 1). In a unanimous decision, the SCC determined that the general principles of contract law in Sattva Capital Corp. […]
In 2017, the bodies of billionaires Bernard Sherman and Honey Sherman were discovered in their home in Toronto, Ontario. Not only was the couple highly acclaimed for their philanthropism, but Barry was known for his pharmaceutical pursuits as the founder and CEO of Canadian generic drug company Apotex. Police deemed the deaths of Barry and […]
Before September 2019, jury selection in criminal trials could be challenged by both the accused and the Crown. Section 634(1) of the Criminal Code, RSC 1985, c C-46 previously permitted both the accused and the Crown to challenge a limited number of jurors peremptorily.
In 2020, the Supreme Court of Canada expanded the common law doctrine of good faith established in Bhasin v Hrynew, 2014 SCC 71 [Bhasin], by holding that misleading silence can breach the duty to perform one's contractual obligations honestly. An account of C.M. Callow Inc v Zollinger, 2020 SCC 15 [Callow] was previously reported on by TheCourt.ca. However, this commentary will explore how […]
Can publication bans be indefinite, preventing the public from ever accessing court records? The Supreme Court of Canada (“SCC”) was expected to answer this question in Canadian Broadcasting Corp. v. Manitoba, 2021 SCC 33 [CBC v Manitoba]. Instead, the SCC focused on another question altogether: When can a court revisit its own ancillary orders? […]