In 2021, the Northwest Territories Court of Appeal (“NWTCA”) assessed two applications for judicial review for access to s. 23 minority language schools by families that were not prima facie entitled to s. 23 rights. On April 14, 2022, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal for A.B. v […]
In R v Tim, 2022 SCC 12 [Tim], the Supreme Court of Canada (“SCC” or “the Court”) affirmed convictions for drug and firearm offences despite the initial arrest having been made by a police officer who mistakenly identified the prescription drug gabapentin as a controlled substance. The dissent would have acquitted the accused, finding that […]
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 […]
In Des Groseillers v Quebec (Agence du revenu), 2022 SCC 42, the Supreme Court of Canada (“SCC”) unanimously confirmed the Quebec Court of Appeal’s also-unanimous holding in Agence du revenu du Québec v Des Groseillers, 2021 QCCA 906 that employee stock options constituted taxable income. Pursuant to Article 50 of Québec’s Taxation Act (“Tax Act”), an employee who disposes of stock options […]
There is a presumption of equal distribution of family property upon divorce under the Saskatchewan Family Property Act, SS 1997, c F-6.3 [FPA]. However, parties can contract out of this presumption by executing an agreement which outlines terms for dividing their family property. While parties can ensure the enforceability of their agreement by preparing a […]
Despite the uncertainties brought on by 2022, the Supreme Court of Canada (“SCC” or “the Court”) concluded another noteworthy year. The Court began to slowly welcome back members of the public on a limited in-person basis after two long years of virtual hearings. Additionally, notwithstanding global disruptions like the war in Ukraine or the internal […]
When the police investigate crime over the internet, they do so on a tightrope, perilously close to tumbling into privacy violation, random virtue testing, or worst of all, entrapment. At the end of 2022, in four related appeals, the Supreme Court of Canada considered these dangers and the validity of internet-based sting operations. The bulk […]
In R v JJ (2022 SCC 28) (“JJ”), the Supreme Court of Canada (“SCC”) considered the scope and legality of Bill C-51, which attempts to remove some of the hurdles that prevent victims of sexual assault (hereinafter referred to as “complainants”) from coming forward. The Bill was enacted in 2018, as An Act to amend […]
It is widely known that the Canadian court systems are generally plagued by delay for many reasons such as lack of resources, high volume of cases, etc. During COVID-19, it was observed that delay was further exacerbated due to lockdowns, which created additional barriers to access to justice. In contrast, administrative law and administrative decision-makers […]
The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].