It has been common practice in Ontario for an owner of a construction project to pass off most or all of the responsibility of following workplace health and safety requirements to a third party hired to direct the project (R v Greater Sudbury (City), 2019 ONSC 3285 [Greater Sudbury], para 34). However, the Ontario Court […]
Justice Rowe of the Supreme Court of Canada (“SCC”) stated that Corner Brook (City) v Bailey, 2021 SCC 29 [Corner Brook] is about “the proper approach to interpreting the scope of a release” (Corner Brook, para 1). In a unanimous decision, the SCC determined that the general principles of contract law in Sattva Capital Corp. […]
For centuries, the Métis and non-status Indian populations of Canada have been lost in a “jurisdictional wasteland.” Both the federal and provincial governments swayed between legislating over the two groups at certain times and denying all constitutional responsibility at others. Not only did this seesaw deprive Métis and non-status Indian people of essential programs and […]
On February 12, 2014, the Supreme Court of Canada heard an appeal from the Alberta Court of Appeal’s decision in Bhasin v Hrynew, 2013 ABCA 98. My previous analysis of the ruling can be found here on The Court. Lawyers for the plaintiff and the defendants made their oral submissions before Chief Justice McLachlin, along […]
On August 22, 2013, the Supreme Court of Canada agreed to hear an appeal from the Alberta Court of Appeal’s decision in Bhasin v. Hrynew, 2013 ABCA 98. The SCC’s granting of leave in Bhasin signals the Court’s eagerness to determine a longstanding legal debate about the judicial interpretation of contracts and the duty to […]