Clarifying Corroborative Evidence and Hearsay: R v Charles

The Supreme Court of Canada (“SCC”) in R v Charles, 2024 SCC 29 [Charles] has clarified the approach to using corroborative evidence to establish the reliability of hearsay evidence. Moreau J, writing for the majority, allowed the appeal and ordered a new trial on the basis that an out-of-court statement by a witness at trial […]

Appeal Watch: Dorsey v Canada: When does a Security Reclassification Denial Deprive Prisoners of Liberty?

The Supreme Court has recognized that habeas corpus is “the strongest tool a prisoner has to ensure that the deprivation of his or her liberty is not unlawful” (Mission Institution v Khela, 2014 SCC 24 at para 29 [Khela]). In Dorsey v Canada (Attorney General), the Court will decide [41132] whether that tool is available […]

SCC Clarifies Bankruptcy Discharge Provisions

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions of the Bankruptcy and Insolvency Act.

Jurisdiction For Tax Cases: Supreme Court Of Canada Draws The Line Between Federal Court And Tax Court Of Canada

Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or Federal Court (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to taxpayers concurrently commencing proceedings in both […]

Cabinet of Curiosities: The SCC on Cabinet Secrecy

In Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 [IPC], the Supreme Court of Canada (“the SCC”) held that mandate letters issued by Premier Doug Ford to his ministers shortly after the formation of his government in 2018 are protected from disclosure. In doing so, the SCC overturned the Court of […]

R v Kruk: Bringing Sense Back to Common-Sense Assumptions

In R v Kruk, 2024 SCC 7 [Kruk], the Supreme Court of Canada (“SCC”) rejected the “rule against common-sense assumptions,” affirming the importance and necessity of trial judges’ common-sense reasoning to their credibility assessments. This decision is significant for two reasons: (1) it sets out the narrow role that myths and stereotypes as legal errors […]

APPEAL WATCH: If You Can’t Patent the Drug, Patent the Dosage

The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to appeal [41209] the Federal Court of Appeal (“FCA”) decision in Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, 2024 FCA 23 [FCA].