Posts

Jurisdiction Confusion: The SCC to Clarify the Federal and Tax Courts' Roles in Taxation Law in Dow Chemical Canada

The Supreme Court of Canada (“SCC”) will soon comment on the jurisdictional contours of the Tax Court of Canada (“TCC”) and Federal Court of Canada (“FCC”). The SCC has granted leave to appeal in Canada v Dow Chemical Canada ULC, 2022 FCA 70 [Dow Chemical Canada], where the Federal Court of Appeal (“FCA”) ruled that s. 247(10) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] is not within the exclusive jurisdiction of the TCC (Dow Chemical Canada, para 5).

R v Clark: The Supreme Court upholds specialized jury instructions for eyewitness identification

Is eyewitness testimony subject to a special standard of jury instructions? In R v Clark, 2022 SCC 49, the Supreme Court of Canada (“SCC”) upheld the need for trial judges to provide Hibbert instructions upon eyewitness testimony that leads to an identification in court. In a unanimous oral judgement delivered by Justice Karakatsanis, the court […]

Statutory Accident Benefit Claims and Judicial Review: SCC Grants Leave in Yatar v TD Insurance

In Yatar v TD Insurance Meloche Monnex, 2022 ONCA 446 [Yatar], the Ontario Court of Appeal (“ONCA”) considered the scope of appellants’ right to the remedy of judicial review in cases regarding disputes over statutory accident benefit claims. After considering the relevant factors, it concluded that courts should only grant judicial reviews sparingly in the […]

Appeal Watch: BCCA Denied Accused’s Assertion of Linguistic Rights in R v Tayo Tompouba

On January 12, 2023, the Supreme Court of Canada (“SCC”) granted a leave to appeal on a linguistic rights case appealed from the British Columbia Court of Appeal (“BCCA”), R v Tayo Tompouba, 2022 BCCA 117 [Tayo]. In this case, Mr. Franck Yvan Tayo Tompouba, the accused, appealed a conviction for sexual assault on the […]

Appeals Watch: Public or Private Law? SCC grants leave in Langford Sharp v Autorité des marchés financiers

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 […]

Appeal Watch: SCC to Speak on Stereotypes and Common Sense in R v Tsang

Trial judges have a unique ability to assess evidence in a criminal trial: they see the witness, hear the testimony, and decide whether someone is believable. These findings are sometimes informed by intangibles, things that any person would struggle to articulate. Where a judge fails to articulate the evidence supporting a negative credibility finding, they […]

Explicit, Clear, and Direct: The ONCA Limits Freedom of Contract in Pine Valley Enterprises Inc. v Earthco Soil Mixtures Inc.

The Ontario Court of Appeal (“ONCA”) has cracked down on consumer contracts.

Free Pass Faux Pas: The Charter Still Applies to Extraterritorial Activities

In R v McGregor, 2023 SCC 4 [McGregor], the Supreme Court of Canada (“SCC”) dismissed an appeal from the Court Martial Appeal Court of Canada. This case involves the consideration of the extraterritorial application of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada […]

R. v. Hills: SCC Overturns Harper-Era Mandatory Minimum Sentence (Part II)

The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3 [“Hilbach”], the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court […]

R. v. Hills: SCC Clarifies Use of Reasonable Hypotheticals in Section 12 Challenge (Part I)

The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3, the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court to […]