In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions of the Bankruptcy and Insolvency Act.
Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or Federal Court (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to taxpayers concurrently commencing proceedings in both […]
In Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 [IPC], the Supreme Court of Canada (“the SCC”) held that mandate letters issued by Premier Doug Ford to his ministers shortly after the formation of his government in 2018 are protected from disclosure. In doing so, the SCC overturned the Court of […]
In R v Kruk, 2024 SCC 7 [Kruk], the Supreme Court of Canada (“SCC”) rejected the “rule against common-sense assumptions,” affirming the importance and necessity of trial judges’ common-sense reasoning to their credibility assessments. This decision is significant for two reasons: (1) it sets out the narrow role that myths and stereotypes as legal errors […]
The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to appeal [41209] the Federal Court of Appeal (“FCA”) decision in Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, 2024 FCA 23 [FCA].
In R v Bouvette, 2023 BCCA 152 [Bouvette] the Court of Appeal for British Columbia (BCCA) set aside a guilty plea and ordered a stay of proceedings where the Crown failed to disclose material documents to the defence. In doing so, they adopted a strict version of the test for when an acquittal is an […]
Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case R v Kinamore, 2023 BCCA 337 [Kinamore]. The appeal concerns the uneven scrutiny of competing evidence and the application of the s. 276 of Criminal Code, RSC 1985, c C-46 […]
In R v Bykovets, 2024 SCC 6 [Bykovets], a 5-4 majority of the Supreme Court of Canada (“SCC”) found that Internet Protocol (“IP”) addresses are protected by the right against unreasonable search and seizure in section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Henceforth, police will require a search warrant to compel […]
The Supreme Court of Canada (“SCC”) will soon give direction to lower courts on how to assess the prejudicial and probative value of permitting an accused’s criminal record to be admitted as evidence. In R v Hussein, 2023 ONCA 253 [Hussein], the Court of Appeal for Ontario (“ONCA”) upheld the trial judge’s dismissal of the […]
In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]