In Yatar v TD Insurance Meloche Monnex, 2004 SCC 8 [Yatar], the Supreme Court of Canada (“SCC”) unanimously ruled that the existence of a statutory right of appeal does not preclude individuals from seeking judicial review for questions not covered by the appeal. Specifically, where the appeal right is restricted to questions of law, judicial […]
In Canadian Broadcasting Corp. v Manitoba, 2023 SCC 27 [CBC v Manitoba], the Supreme Court of Canada (“SCC” or “the Court”) unanimously dismissed from the bench an appeal from the Canadian Broadcasting Corporation (“CBC”) to set aside a publication ban.
The Supreme Court of Canada (“SCC”) granted leave to appeal Pepa v Canada (Citizenship and Immigration), 2023 FCA 102 (“Pepa FCA”), a pithy (16 paragraph) dismissal of a certified question for appeal from the Federal Court of Canada (“FC”) under the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). The appeal material raises […]
Last November, the Supreme Court of Canada (“SCC”) granted leave to Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc. and McKesson Canada Corporation to appeal Sandoz Canada Inc. v British Columbia, 2023 BCCA 306 (“Sandoz Canada”). The appellants are defendants in a proposed class action brought by the Province of British Columbia (“the […]
In Deans Knight Income Corp. v Canada, 2023 SCC 16, (“Deans Knight”) the Supreme Court of Canada (“SCC” or “the Court”) dismissed the taxpayer’s appeal, holding that the General Anti-Avoidance Rule (“GAAR”) under s. 245 of the Income Tax Act, RSC 1985, c 1 (5th supp) (“ITA” or “the Act"), applied to a series of […]
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact Assessment Act, S.C. 2019, c. 28, s. 1 (the “Act” or the “IAA”) is unconstitutional because it exceeded the powers allocated to Parliament under s. […]
In Murray‑Hall v Quebec (Attorney General), 2023 SCC 10 [Murray-Hall], a unanimous Supreme Court of Canada (“SCC”) held that Quebec legislation prohibiting possession of cannabis plants for personal cultivation or use can coexist with a federal law permitting possession up to four plants.
At issue in Mason v Canada (Citizenship and Immigration), 2023 SCC 21 [Mason] was whether “acts of violence” in s. 34(1)(e) of the Immigration Refugee and Protection Act, SC 2001, c 27 [IRPA] requires a nexus to national security, or relates only to violence broadly, in order to find a permanent resident or foreign national […]