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APPEAL WATCH: Revisiting the admissibility of similar fact evidence in R v Chizanga

The Supreme Court of Canada (“SCC”) will soon hear the appeal of R v Chizanga, 2024 ONCA 545 [Chizanga], in which it will opine on the principles of admitting evidence of prior discreditable conduct [41405].  Building upon the seminal case of R v Handy, 2002 SCC 56 [Handy] which set out the principles for the admissibility of such evidence, this appeal […]

APPEAL WATCH: Alford v Canada (Attorney General) and Parliament's Power over Privilege

What gives way first — Parliament’s power to control its own process, or Parliamentarians’ right to speak freely without fear of prosecution? The Supreme Court of Canada (“SCC”) will soon grapple with this question. It has granted leave [41336] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in Alford v Canada (Attorney General), 2024 ONCA […]

Can't always get what you want: SCC to consider interpretation of insurance contracts in Trillium Mutual Insurance Company v Emond

In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured's recovery of rebuilding costs arising from compliance with regional building regulations. On appeal by leave [41077], the Supreme Court of Canada (“SCC”) will likely provide […]

Taking Another Kick at the Causation Can in R v BF

What is the causal line between attempted murder and aiding suicide? The Supreme Court of Canada (“SCC”) will grapple with this issue as it has granted leave [41420] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in R v BF, 2024 ONCA 511 [BF]. At issue before the court will be the interplay […]

APPEAL WATCH: Lights, Camera, Action - Competition Tribunal applies drip pricing provision

In Canada (Commissioner of Competition) v Cineplex Inc., 2024 Comp Trib 5 [Cineplex], the Competition Tribunal (“Tribunal”) levied penalties of nearly $40 million dollars against Cineplex Inc., finding that Cineplex Inc. made price misrepresentations through its digital ticket purchasing platforms. The decision marks the first contested proceeding involving the recently enacted “drip pricing” deceptive marketing […]

APPEAL WATCH: Ahluwalia v Ahluwalia on torts in family law

In Ahluwalia v Ahluwalia, 2023 ONCA 476 [Ahluwalia], the Ontario Court of Appeal (“ONCA”) granted a partial appeal and reduction of damage awards in the context of a family law proceeding. Significantly, it denied the creation of the novel tort of “family violence.” In doing so, it clarified the requirements for introducing tort claims in […]

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].

APPEAL WATCH: When Are Acquittals Appropriate on Appeal?

In R v Bouvette, 2023 BCCA 152 [Bouvette] the Court of Appeal for British Columbia (BCCA) set aside a guilty plea and ordered a stay of proceedings where the Crown failed to disclose material documents to the defence. In doing so, they adopted a strict version of the test for when an acquittal is an […]