The judiciary often hears aboriginal law cases in the context of a dispute with the Crown. Yet consider what would happen if the dispute was multi-jurisdictional: Could one province’s judiciary make binding orders and decisions on another province’s jurisdiction? Would the answer shift depending on access to justice and proportionality concerns? The Supreme Court of […]
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for determining when Ontario courts can assume jurisdiction over class actions involving absent foreign claimants. This decision provided much-needed clarity on the […]
After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation has struck back with a potentially debilitating blow to the Ecuadorians seeking enforcement of their $9.5 billion award with a motion for security costs. A […]
Everyone has the right to a fair trial. This foundational principle was undermined in Stuart Budd & Sons Limited v IFS Vehicle Distributors ULC, 2015 ONSC 519 [IFS, Motion]. On appeal, the Ontario Court of Appeal (“ONCA”) determined that a reasonable and informed objective observer would consider the motion judge, Justice Corbett, to have displayed […]
In R v Noureddine, 2015 ONCA 770 [Noureddine], the trial judge misunderstood how juries are selected by appointing static triers, rather than rotating triers per section 640(2.1) of the Criminal Code, RSC, 1985, c C-46. Facts The appellants, Mr. Noureddine and Mr. Sheridan, were both charged with first degree murder. Both were acquitted, but subsequently […]
After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA]) violated s. 12 of the Charter (R v Lloyd, 2014 BCPC 8 (CanLII) [Lloyd]) in January 2014, Galati J. of the Provincial Court of British Columbia has […]
As Justice Morris Fish announced his retirement from the Supreme Court of Canada effective August 2013 and Justice Louis LeBel will be forced to retire before the 2015 election, if there are no other resignations, Prime Minster Harper will have appointed seven justices in the panel of nine before the end of his term. There […]