access to justice

Association de médiation familiale du Québec v. Bouvier : SCC Finds the Exception to Settlement Privilege Applies in the Family Mediation Context

Should conversations that take place during family mediation remain confidential? In Association de médiation familiale du Quebec v. Bouvier, 2021 SCC 54 [Association de mediation] the Supreme Court of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation.  An exception […]

A Valid Arbitration Agreement is a Valid Arbitration Agreement

Consumers sign contracts to gain access to all kinds of goods and services, such as credit cards, cell-phone service, and internet. Increasingly, sellers and suppliers are putting arbitration clauses into these contracts, requiring buyers to resolve their disputes through arbitration. This is not necessarily because sellers are enamoured with the virtues of arbitration. Instead, they […]

Live at the SCC: The SCC Goes to Winnipeg!

Brotherly Brothels, Delays, and Access to Justice: Ticchiarelli v Ticchiarelli

Process and procedure within our justice system have been an interest of mine since I first stepped foot into Osgoode Hall Law School almost three years ago. Understanding the way the judicial system works in Ontario and Canada at large is an important part of a well-rounded law school education. Efficiency and timeliness have been […]

Access to Justice and the Rule of Law Principle: Trial Lawyers Association v British Columbia

In its ruling in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), [2014] 3 SCR 31, the Supreme Court of Canada found that court hearing fees imposed by regulation in British Columbia were unconstitutional because they interfered with access to the constitutionally protected core jurisdiction of the provincial superior courts and the rule of law […]

Prison Transfers Must Be Fair, Supreme Court Rules: Mission Institution v Khela

Earlier this year, in late March, the Supreme Court of Canada (SCC) sent a resounding message to federal prison wardens across the country that inmates' freedoms cannot be limited lightly. In Mission Institution v Khela, 2014 SCC 24, a unanimous ruling of eight judges, the SCC made it clear that if you decide to further […]

Access to Justice? The SCC to Hear British Columbia v Christie

As of late, "access to justice" seems to be on the tip of everyone's tongue. The Ontario Legislature has drafted an Access to Justice Act, 2006, SO 2006, c 21, and Prime Minister Harper's cancellation of the Court Challenges Program in late 2006 raised some serious concerns about the ability of equality-seeking groups to challenge […]