On March 3, 2022, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Lanfer v. Eilers, a ruling from the British Columbia Court of Appeal, 2021 BCCA 241 [Eilers]. The SCC will rule on whether a foreign judgement granting the remedy of specific performance for the transfer […]
On May 7, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of R. v. C.P., 2021 SCC 19 [C.P.]. In the decision of C.P., the Court was tasked with ruling on the constitutionality of s. 37(10) of the Youth Criminal Justice Act, S.C. 2002, c.1 [YCJA]. Facts of the Case […]
On November 4, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 [H.M.B. Holdings]. In an increasingly virtual world, it can be difficult to determine whether a company is “carrying on business” in Canada. The SCC considered this issue in […]
In June 2021, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Annapolis Group Inc v Halifax Regional Municipality, a ruling from the Nova Scotia Court of Appeal, 2021 NSCA 3 [Annapolis]. The SCC will rule on whether the refusal by Halifax Regional Municipality (“Halifax Municipality”) to approve […]
In the unanimous decision 6362222 Canada inc. v Prelco inc., 2021 SCC 39 [Createch v Prelco], the Supreme Court of Canada (“SCC” or “the Court”) held that Québec law permits contracting parties engaging in a freely negotiated non-consumer contract to limit or exclude their liability. Facts of the Case 6362222 Canada inc. (“Createch”) is […]
Before September 2019, jury selection in criminal trials could be challenged by both the accused and the Crown. Section 634(1) of the Criminal Code, RSC 1985, c C-46 previously permitted both the accused and the Crown to challenge a limited number of jurors peremptorily.