Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publication ban over a set of fresh evidence that […]
Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 [Wastech] is the second case in a matter of months that the Supreme Court of Canada (“SCC”) has released relating to the “general organizing principle” of good faith in contracting. The SCC has recognized four doctrines as part of good faith in […]
Note: February is Black History Month and as a Black contributor for TheCourt.ca, I value the opportunity to explore jurisprudence that deals with an issue of Black identity in Canada So often, conversations about race and justice occur within the context of criminal law. However, the systemic nature of anti-Black racism and the discrimination that […]
When a contract was signed almost 100 years ago and the original parties have been amalgamated into or become new entities, who are the parties to that contract, and can they act on it? In a nutshell, this is what was at issue in Resolute FP Canada Inc v Hydro-Québec, 2020 SCC 43 [Resolute v […]
In Desjardins Financial Services Firm Inc v Asselin, 2020 SCC 30 [“Desjardins”], the Supreme Court of Canada (“SCC”) engaged in a debate about how to properly assess the law of class actions in Quebec. While the words “respectfully disagree” were used by the majority and the dissent, the decision exhibits strong differences of opinion as […]
The COVID-19 pandemic has raised a number of concerns about civil liberties and the extent to which they can be curbed to slow the spread of the virus. On one hand is the perspective that rights and freedoms ought to be restricted for a time so as to limit the number of people that are […]
Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an effects-based test or a purpose-based test. In essence, the anti-deprivation rule does not allow contracting parties to include contractual provisions where, if one party declares […]
On September 24th, 2020, the Supreme Court of Canada (“SCC”) put an appropriate end to the Jim Karygiannis saga that has captured Toronto City Hall for almost two years in James Karygiannis v City of Toronto, et al. It denied leave to appeal, thereby ending Karygiannis’ efforts to return to his Scarborough-Agincourt council seat. Since […]