In Brunette v Legault Joly Thiffault, 2018 SCC 55 [Brunette], the Supreme Court of Canada (“SCC”) clarified a long-standing rule that bars shareholders from bringing a cause of action against a third party for faults committed against a corporation in which they hold shares. In doing so, the Court also reconciled corporate law principles from […]
As the two official languages of Canada, French and English form the bedrock of our legal system, and their usage is a constitutionally protected right found in both the Constitution Act, 1867 (“Constitution”) and the Canadian Charter of Rights and Freedoms (“Charter”). With such a high level of recognition and protection, one might assume the […]
“Privilege” is a common-law doctrine that prevents the compulsory disclosure of documents or information that is against the public interest. As Justice L’Heureux-Dubé explains: The doctrine of privilege acts as an exception to the truth-finding process of our adversarial trial procedure. Although all relevant information is presumptively admissible at trial, some probative and trustworthy evidence […]
In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and unusual punishment were not breached—despite the fact that he had been detained for five years awaiting immigration removal, and the existence of international guidelines against […]
How and when should public interest standing be established before an administrative agency? This is the question at the heart of the Supreme Court of Canada’s ("SCC") recent decision in Delta Air Lines Inc v Lukács, 2018 SCC 2 [Delta]. The matter arose after Dr. Gábor Lukács, an "air passenger rights advocate," filed a complaint […]
After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation has struck back with a potentially debilitating blow to the Ecuadorians seeking enforcement of their $9.5 billion award with a motion for security costs. A […]
By this point, it is a virtual certainty that the outcome of the joint-appeal for Trinity Western University et al v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University et al will be a landmark ruling by the Supreme Court of Canada.
Budding Romance Justice Paul Rouleau has likely seen it all in his illustrious career—however, his ruling in the matter of PP v DD, 2017 ONCA 180 will surely stand out as memorable. The two parties before the court were once short-term lovers caught up in the throws of passion. The male, a medical doctor, the […]
Canadian mining companies have been scrutinized for quite some time regarding some misbehaviour that has taken place in foreign countries. The most recent of these was the subject matter in Garcia v Tahoe Resources Inc, 2017 BCCA 39 [Garcia], which started in April of 2013. The story begins with a private security personnel, who was […]
No Good Deed Goes Unpunished Just when you thought you’ve done the right thing in reporting serious crime to the police, you find yourself thrown into a matrix of fear, threats, and potentially physical reprisal. That is exactly what happened to Margaret Stack in Nissen v Durham Regional Police Services Board, 2017 ONCA 10, when […]