Introduction On September 1st 2022, after nearly eleven years of service, the Honourable Michael Moldaver retired from his post as Justice on the Supreme Court of Canada (“SCC”). This article will take a look at the illustrious career of Justice Moldaver, including his most noteworthy contributions to the SCC’s jurisprudence, while also applying a critical […]
On April 22, 2022, the Supreme Court of Canada (“SCC”) granted leave to an application for appeal in the Quebec Court of Appeal’s (“QCCA”) decision in Langford Sharp v Autorité des marchés financiers 2021 QCCA 1364 (“Langford”). The case concerns the appropriate standard of review when assessing the decisions of financial regulators and the role […]
On February 2, 2023, the Supreme Court of Canada (“SCC”/“Court”) granted leave for an appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Brown [2022] CMAC 2. The case concerns a seldom traversed area of appellate jurisprudence at the SCC, touching on the appropriate relationship between the military […]
In Nova Chemicals Corporation v The Dow Chemical Company et al., 2022 SCC 43 (“Nova Chemicals”) the Supreme Court of Canada (“SCC”) clarified the test for determining a proper accounting of profits when it is relied upon as a statutory remedy for patent infringement. In the process of doing so, the SCC finally admitted into […]
On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back to work’ legislation from judicial scrutiny. The legislation, known as the Keeping Students in School Act, 2022, would have terminated any on-going strike by the Canadian Union […]
“No matter where we are in society, no matter how far we move up, we always have to remember where we come from.” - Michelle O’Bonsawin (The Globe and Mail, August 2022) Introduction On September 1st, 2022, Michelle O’Bonsawin was sworn into office at the Supreme Court of Canada (“SCC”). Justice O’Bonsawin was appointed by […]
Recent laws passed by the Provincial Legislatures in Alberta and Quebec have reignited old, unsettled frictions about the appropriate division of powers between Canada's Provinces and Federal Government. The following article will be divided into three parts, outlining a) the post-repatriation history of constitutional negotiations, b) recent legislative developments in Alberta and Quebec that have […]
Introduction On April 24th, 2022, the Supreme Court of Canada (“SCC”) granted an application for leave in the case of Cindy Dickson v Vuntut Gwitchin First Nation, 2021 YKCA 5 [Vuntut Gwitchin First Nation]. The case decided at the Yukon Court of Appeal (“YCA”) in July 2021 is one of a few that has […]