In a rare unanimous judgement, the Supreme Court of Canada (“SCC”) has ruled in R v Haevischer, 2023 SCC 11 (Haevischer) that only “manifestly frivolous” applications can be summarily dismissed in the criminal law context. The decision is significant for two reasons: (1) it arises out of the notorious “Surrey Six” case; and (2) it […]
Introduction The two presidents of a Québec-based insurance group betrayed an atmosphere of trust with the majority shareholders. In Ponce v Société d’investissements Rhéaume ltée, 2023 SCC 25 [Ponce] the Supreme Court of Canada (“SCC”) showcased Québec’s requirement for courts to consider the spirit of contractual business relationships in deciding if a legal remedy is […]
The Ontario Court of Appeal (the “ONCA”) has provided fresh guidance on the applicable standard of review for a lower court’s interpretation of a standard form contract. Ontario Securities Commission v Bridging Finance Inc., 2023 ONCA 769 [Bridging] sheds light on the question of whether a standard form contract must have precedential value for an […]
In R v Hanan, 2023 SCC 12 [Hanan], the Supreme Court (“SCC”) found that transitional exceptional circumstances did not excuse an excess delay of proceedings under s 11(b) of the Canadian Charter of Rights and Freedoms [Charter]. Facts On December 23, 2015, the accused was charged with first degree murder, attempted murder, and firearms-related […]
In Deans Knight Income Corp. v Canada, 2023 SCC 16, (“Deans Knight”) the Supreme Court of Canada (“SCC” or “the Court”) dismissed the taxpayer’s appeal, holding that the General Anti-Avoidance Rule (“GAAR”) under s. 245 of the Income Tax Act, RSC 1985, c 1 (5th supp) (“ITA” or “the Act"), applied to a series of […]
In Takuhikan c Procureur général du Québec, 2022 QCCA 1699, [Takuhikan], the Court of Appeal of Québec (“QCCA”) held that the governments of Canada and Québec breached their honour of the Crown obligations to a First Nation by knowingly underfunding the latter’s Indigenous police service and refusing to fund it to the same level as […]