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Ontario Students Succeed in Suing their College for Negligent Misrepresentation 14 Aug 2013 | 08:32 pm
Normal 0 Colleges and universities should take note of recent Ontario court rulings, and exercise due care in what they print in their course descriptions. Students are entitled to rely on the Co...
The SCC Restricts Court Powers Regarding Amici Curiae: Fees are Non-Negotiable 12 Aug 2013 | 10:47 am
In Ontario v Criminal Lawyers’ Association of Ontario, 2013 SCC 43 [Ontario v CLA], the Supreme Court of Canada (SCC) held, in a 5:4 decision, that without legislative authority or a constitutional...
Antrim Truck Centre v. Ontario (Transportation) and the Ethos of De Facto Expropriation 8 Aug 2013 | 11:27 pm
I: The Ethos of De Facto Expropriation Statutory schemes across Canada, such as Ontario’s Expropriations Act, RSO 1990, c E.26, provide that if the state directly expropriates private property, it mu...
The Supreme Court Re-Affirms the Resulting Trust and Clarifies the Legal Meaning of a Gift in Nishi v. Rascal Trucking Ltd. 6 Aug 2013 | 04:09 am
Normal 0 Normal 0 Normal 0 Normal 0 The tangled case of Nishi v. Rascal Trucking Ltd., 2013 SCC 33, is a classic example of the complicated conflicts that can occur when people mix business de...
Op-Ed: The Problem of Cost Awards and Third Party Financing in Class Proceedings 26 Jul 2013 | 08:35 pm
Normal 0 The class action lawsuit is an important legal innovation. It allows many small players to get together and seek justice if they have been injured due to the negligence of a large company...
Automaker found to be in breach of contract for reducing benefits to its non-union retirees in O’Neill v. General Motors of Canada 19 Jul 2013 | 02:01 am
Normal 0 Contracts is an ancient, well-trodden area of the law, and contract cases rarely get to the Supreme Court. A recent case that might make it there concerns a move by General Motors (in di...
The Supreme Court Redefines Taxable Consideration: Daishowa-Marubeni International Ltd. v. Canada 18 Jul 2013 | 03:11 am
The Supreme Court’s decision in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29, addressed the question of how much tax was owed by a forestry company on the sale of land with environmenta...
Intention Creep: The Supreme Court of Canada Rebukes Intent Analysis in Quebec (Attorney General) v A , Despite a Tradition of Dressing it up as “Cont... 4 Jul 2013 | 08:28 pm
One clear and basic principle underlies Canadian equality law. Put simply, s 15(1) of the Canadian Charter of Rights and Freedoms guards against the effects of discrimination, regardless of intent. Th...
Intention Creep: The Supreme Court of Canada Rebukes Intent Analysis in Quebec (Attorney General) v A, Despite a Tradition of Dressing it up as “Conte... 28 Jun 2013 | 10:18 pm
One clear and basic principle underlies Canadian equality law. Put simply, s 15(1) of the Canadian Charter of Rights and Freedoms guards against the effects of discrimination, regardless of intent. Th...
BULLETIN: Text Messages are “Private Communications” in R v Telus Communications Co. 28 Mar 2013 | 06:55 pm
The Supreme Court of Canada (the “SCC”) released their decision in R v Telus Communications Co., 2013 SCC 16 on March 27, 2013. The case was previously discussed here. In this case, the police wanted...
