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Procedural Law

APPEAL WATCH: Slapping Back on Anti-SLAPP Motions (Benchwood Builders, Inc v Prescott)

Does an online review by an upset customer relate to a matter of public interest? How much harm arising from negative online reviews is sufficient to outweigh the public interest in protecting freedom of expression? These issues are central to the anti-SLAPP analysis in Benchwood Builders, Inc v Prescott, 2025 ONCA 171, leave to appeal granted.

APPEAL WATCH: The Opportunity to Clarify Contributory Fault in Contract Law and Revisit Summary Judgment Motions in Arcamm v Avison Young

The SCC has granted leave to appeal the decision in Arcamm v Avison Young, 2024 ONCA 925. The Court is expected to determine whether contributory fault governs the apportionment of damages arising from breach of contract, and to provide, for the first time in over a decade, renewed guidance on realizing the culture shift envisioned in Hryniak v Mauldin, 2014 SCC 7.

R v Kinamore: The Problem with Perfect Symmetry in Sexual Assault Trials

The Supreme Court of Canada recently released its decision in R v Kinamore, clarifying that a complainant's sexual inactivity amounts to sexual history under s. 276 of the Criminal Code. Evidence of one’s sexual inactivity is therefore presumptively inadmissible unless first vetted through a voir dire, a pre-trial hearing to determine admissibility. The Court further clarified that this requirement applies regardless of which party introduces the evidence.

APPEAL WATCH: Forfeiture Of Offence-Related Property Explored In Nguyen

The Supreme Court of Canada (“SCC”) is set to hear the appeal of Nguyen c. Director of Criminal and Penal Prosecutions, 2024 QCCA 674 [Nguyen] where the Court of Appeal of Québec (“QCCA”) overturned the decision of the Court of Québec, which held that it had jurisdiction to hear the application of the prosecution [41400].

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 […]

Solicitor-Client Privilege Presumption Upended In Sakab Saudi

Solicitor-client privilege remains a fundamental right which is only displaced where absolutely necessary. The court in Sakab Saudi Holding Company v Al Jabri, 2025 ONSC 35 [Sakab Saudi] upheld the presumption of solicitor-client privilege protection to a law firm’s trust ledger but found that the motion judge erred in extending that same presumption to the […]

R v Stevenson: SCC upholds conviction on Vetrovec testimony

The Supreme Court of Canada (“SCC”) has dismissed the appeal in R v Stevenson, 2024 SCC 41 [Stevenson], upholding a trial judge’s decision to convict based on the evidence of an unsavoury or Vetrovec witness. This case was heard by the SCC as of right from the Saskatchewan Court of Appeal (“SKCA”) 2024 SKCA 40 […]

Sanis Health Inc v British Columbia: Flexible Federalism Permits National Class Action on Opioids

In Sanis Health Inc v British Columbia, 2024 SCC 40 [Sanis], the Supreme Court of Canada (“SCC”) upheld British Columbia’s power to represent other Canadian governments in a national class action under its Opioid Damages and Health Care Costs Recovery Act, SBC 2018, c 35 [ORA]. Nearly all provincial, territorial, and federal governments supported the […]

APPEAL WATCH: SCC To Weigh In On Estoppel In Patrick Street

The Supreme Court of Canada (“SCC”) is set to address critical questions regarding mortgage obligations which create issues of estoppel in the appeal [41296] of Patrick Street Holdings Limited v 11368 NL Inc., 2024 NLCA 11 [Patrick Street].The case raises significant issues about the application of estoppel doctrines and stands to have wide-ranging implications for […]