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Braelyn Rumble

2022 at the Supreme Court: Year in Review

Despite the uncertainties brought on by 2022, the Supreme Court of Canada (“SCC” or “the Court”) concluded another noteworthy year. The Court began to slowly welcome back members of the public on a limited in-person basis after two long years of virtual hearings. Additionally, notwithstanding global disruptions like the war in Ukraine or the internal […]

Appeal Watch: Eugene Ndhlovu v. Her Majesty the Queen

On February 8th 2022, the Supreme Court of Canada (“SCC”) heard Eugene Ndhlovu v. Her Majesty the Queen, an appeal from the Alberta Court of Appeal (“ABCA”) (R v Ndhlovu, 2020 ABCA 307) [Ndhlovu].  Ndhlovu asked the Court to decide whether the Sex Offender Information Registration Act (S.C. 2004, c. 10) [SOIRA] is constitutionally valid. […]

Ahluwalia v Ahluwalia : Putting a Cost on Family Violence in Divorce Proceedings

Content Warning: this article has some descriptions of violence and abuse that may be triggering to some readers*  Justice Mandhane of the Ontario Superior Court of Justice (“ONSC” ) has re-framed how family violence is addressed in divorce proceedings in the recent case of Ahluwalia v Ahluwalia, 2022 ONSC 1303 [Ahluwalia]. Previously, survivors of family […]

Association de médiation familiale du Québec v. Bouvier : SCC Finds the Exception to Settlement Privilege Applies in the Family Mediation Context

Should conversations that take place during family mediation remain confidential? In Association de médiation familiale du Quebec v. Bouvier, 2021 SCC 54 [Association de mediation] the Supreme Court of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation.  An exception […]

R v Albashir: Revisiting the Temporal Effects of the Bedford Decision

In R v Albashir 2021 SCC 48 [Albashir],  the Supreme Court (“The Court” or “SCC”) analyzed whether the declaration of invalidity in Canada (Attorney General) v Bedford, 2013 SCC 72 [Bedford] applied retroactively or prospectively. In Bedford, the Court ruled s. 212(1)(j) of the Criminal Code, RSC 1985 c C-46 [Criminal Code]—a provision that prohibited […]

Insurer not Estopped from Denying Coverage, SCC finds in Trial Lawyers Association v Royal and Sun Alliance Insurance Company of Canada

On November 18, 2021 the Supreme Court of Canada (“SCC” or “The Court”) released its decision in Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47 [Trial Lawyers]. At issue was whether an insurer is estopped from denying coverage if it was previously not aware of […]

Justice Jamal: A Step in the Right Direction for the Supreme Court

“Perhaps most importantly, I have learned that it is often more important to listen than to speak.” (Parliamentary Questioning) On October 28th, 2021 the Supreme Court held a Welcoming Ceremony in Honour of the Honourable Mahmud Jamal, who was sworn into office on July 1, 2021.

Sherman Estates v Donovan : Privacy Interests and the Presumption of Open Courts

In 2017, the bodies of billionaires Bernard Sherman and Honey Sherman were discovered in their home in Toronto, Ontario. Not only was the couple highly acclaimed for their philanthropism, but Barry was known for his pharmaceutical pursuits as the founder and CEO of Canadian generic drug company Apotex. Police deemed the deaths of Barry and […]