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In the Media

No Constitutional Right to Private Healthcare, rules Cambie Surgeries v BC

At the brink of the neighbouring United States presidential election where the recurring public versus private debate healthcare continues to wage on, the Canadian universal healthcare system figures in as either an affordable haven or a wait time nightmare—depending on who you ask. However, contrary to its popular characterization, Canada does not have a completely […]

R v Chung : Accelerating Quickly Gets You Nowhere Fast

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.

James Karygiannis v City of Toronto: A Denial at the SCC Ends a Two-Year Saga

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 […]

Mixed Sexual Orientations Are No Obstacle to Forming a Conjugal Relationship: AP v Canada

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 […]

No “Rule of Uber”: Arbitration Clause Found Unconscionable in Uber Technologies v Heller

This summer, the Supreme Court of Canada ruled that Uber drivers can pursue their claim that they are employees in an Ontario court. In Uber Technologies Inc v Heller, 2020 SCC 16, a majority of judges held that a mandatory arbitration clause in Uber's driver contracts was unconscionable and thus invalid. The drivers’ proposed $400 […]

Judicial Biography: Chief Justice Richard Wagner

Post 1/9 in TheCourt.ca's Judicial Biography Series (Fall 2019). In this Guest Post, Student-at-Law Heather Donkers discusses the Chief Justice's career as a member of the Quebec civil bar and priorities in leading the Supreme Court of Canada. Since his appointment to the Supreme Court of Canada (the “Court”) in 2012, now-Chief Justice Richard Wagner […]

Appeal Watch: Fate of Federal Greenhouse Gas Legislation is Up in the Air

How urgent is the need for coordinated national action on climate change? According to the Court of Appeal for Ontario (“ONCA”), it is urgent indeed. On June 28 2019, the ONCA found, by a 4-1 majority, that the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”or “the Act”) is a valid exercise of Parliament’s jurisdiction over […]