Introduction and Background In most Canadian jurisdictions, a class action cannot proceed without a certification. The story of Endean v British Columbia, 2016 SCC 42 [Endean] begins with the superior courts of British Columbia, Ontario, and Quebec certifying concurrent class actions on behalf of persons infected with Hepatitis C through the Canadian blood supply. These […]
The Supreme Court of Canada’s (“SCC”) decision in Club Resorts Ltd v Van Breda, 2012 SCC 17 [Van Breda] brought greater judicial guidance to the question of when a Canadian court may assume jurisdiction over a claim. The SCC articulated four non-exhaustive presumptive connecting factors (PCFs) that a party may rely on to establish a […]
In MM v United States of America, 2015 SCC 62 [MM], both the public and the Bench were sharply divided on whether to extradite a mother, MM. The U.S. sought extradition of MM to face child abduction charges in the state of Georgia. MM’s numerous supporters see her as a mother that came to her children’s […]
In R v Moriarity, 2015 SCC 55 [Moriarity], the Supreme Court of Canada (“SCC”) looked at whether certain provisions of the National Defence Act, RSC 1985, c N-5 [NDA] are overbroad and contrary to section 7 of the Canadian Charter of Rights and Freedoms [Charter]. The practical consequences of the case have to do with […]
It is tempting to believe, or at least hope, that the recent Supreme Court of Canada (“SCC”) decision in Chevron Corp v Yaiguaje, 2015 SCC 42 [Chevron] is one of the last acts of the Chevron saga, and a leap forward for environmentalism. Alas, the decision is more like the prologue to yet another season […]
In Yaiguaje v Chevron Corporation, 2013 ONCA 758 [Yaiguaje], a decision released on December 17, 2013, the Ontario Court of Appeal considered the power of Ontario courts to hear actions seeking to enforce and recognize foreign judgments in Ontario. In this context, the court also discussed the appropriateness of staying a proceeding pursuant to section 106 […]
I apologize for the at-times-Toronto-centric nature of this blog, but public transit in Rob Ford’s Hogtown is too contentious an issue to ignore. Though this case stems from the before-Ford era, the issues that it considers are as pressing today as ever. Back in 2003—under the leadership of Mel Lastman, of all people—the City of […]
On February 4, 2011, the Supreme Court of Canada ("SCC") reasserted its support for interim costs in relation to public interest litigation in R v Caron, 2011 SCC 5. In this case, the SCC had to determine for the first time whether a superior court could grant interim costs in favour of litigants participating in proceedings […]
Almost eight years ago, the Ontario Court of Appeal ("ONCA") set out an eight-factor test in Muscutt v Courcelles (2002), 60 OR (3d) 20 [Muscott], to determine what circumstances Ontario could take jurisdiction over an out-of-province defendant. The OCA held that there must be a “real and substantial connection” between the dispute and forum for taking jurisdiction […]
The Supreme Court of Canada ("SCC") handed down its decision in Canada (Prime Minister) v Khadr, 2010 SCC 3, on Friday, which may have prompted a call to Omar Khadr from his lawyers telling him, "So close, and yet so far..." TheCourt.ca covered Khadr's case back in September 2009, before it was argued at the SCC (see my […]