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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 […]

The Taxation Trio: Fair Market Value, Statutory Interpretation, and Employee Stock Options

Introduction: In Des Groseillers v Quebec (Agence du revenu), 2022 SCC 42, the Supreme Court of Canada (“SCC”) unanimously confirmed the Quebec Court of Appeal’s also-unanimous holding in Agence du revenu du Québec v Des Groseillers, 2021 QCCA 906 that employee stock options constituted taxable income. Pursuant to Article 50 of Québec’s Taxation Act (“Tax Act”), an employee who disposes of stock […]

Judicial Biography: Justice Michael J. Moldaver

Post 3/9 in TheCourt.ca's Judicial Biography Series (Fall 2019). If we were to ask what it is we expect from our criminal justice system there are four thoughts that come to mind. … First, I want a justice system that delivers quality justice in a timely and efficient fashion. … Second, I want a justice […]

One Million Potential New Voters: Frank v Canada (Attorney General)

Introduction As the country prepares for a federal election later this year, approximately one million additional citizens will have the right to cast special ballots. In Frank v Canada (Attorney General) 2019 SCC 1 [Frank], the Supreme Court of Canada ["SCC" or “the Court”] struck down provisions of the Canada Elections Act SC 2000, c […]

In Memory of Professor Simon Fodden

“Enjoy, contribute, learn, teach…” – Professor Simon Fodden, in Slaw, July 2005 It is a privilege to learn the law. To have a legal education is to inherit a robust intellectual tradition that's been shaped and molded by academics, lawyers and judges for hundreds of years. This privilege is compounded by the opportunity law presents to […]