SCC

  • This week at the SCC

    Mar 18, 2019

    The Supreme Court of Canada will hear four appeals this week, four civil and one criminal. Two of the appeals relate to First Nations reservations in Ontario: the first concerns corporate responsibility for the cleanup of the Grassy Narrows land, and the second is a tort law case relating to the arrest of a man protesting the Six Nations occupation of Douglas Creek Estates in 2009.

  • SCC strikes down 'reasonable belief' requirement in Criminal Code for child-luring cases

    SCC strikes down 'reasonable belief' requirement in Criminal Code for child-luring cases

    Mar 15, 2019

    The Supreme Court of Canada today set aside the conviction of a man charged with child luring on the Internet and ordered a new trial. The case marked the first time the Supreme Court looked at whether the child luring provisions of the Criminal Code violated the Charter; the high court decided that it did in declaring the “presumption of belief” regarding age contained in the provisions to be of no force and effect.

  • Utah court judgment enforceable in Quebec, SCC rules

    Utah court judgment enforceable in Quebec, SCC rules

    Feb 22, 2019

    The default judgement of a Utah court is enforceable under Quebec’s civil code, the Supreme Court of Canada decided today in dismissing the appeal of a Quebec businessman who was sued in Utah.

  • This week at the SCC

    Feb 15, 2019

    This week at the SCC The Supreme Court of Canada will hear five appeals this week, two of them of criminal law decisions —  the first of which involves a young person appealing a conviction on the basis of length of time elapsed before his trial concluded pursuant to the guidelines established in R. v. Jordan. The civil cases concern Carleton University’s attempts to recoup pension payments to a professor later determined to be dead; and a PR firm's tangle with the City of Montreal over unpaid invoices.

  • This week at the SCC

    Feb 11, 2019

    The Supreme Court of Canada will hear four appeals this week, all of them of criminal law decisions.

  • SCC rules parole board residency order for offender can’t be collaterally attacked

    SCC rules parole board residency order for offender can’t be collaterally attacked

    Feb 8, 2019

    A former convict has lost his bid to collaterally attack a parole board residency condition that was made as part of a long-term supervision order, in a unanimous Supreme Court decision that marks the first time the high court has looked at the rules governing collateral attacks when a Charter breach is alleged.

  • SCC says trust is not disqualifying asset for rental assistance application

    SCC says trust is not disqualifying asset for rental assistance application

    Jan 25, 2019

    The Supreme Court of Canada has ruled that a Henson trust, which is commonly used to set money aside for people with disabilities, should not be considered an “asset” when determining eligibility for rental assistance.

  • This week at the SCC

    Jan 21, 2019

    The Supreme Court of Canada will hear five appeals this week, notably Wednesday’s hearing of Nevsun Resources’ appeal of its conviction of human rights abuses of miners at an Eritrean mine in which it held a majority industry, and, on Friday, whether defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state. The remaining appeals concern the revocation ad nutum of gifts between spouses in Quebec, an audit of a Calgary bitcoin company by Quebec’s revenue agency,

  • This week at the SCC

    Jan 14, 2019

    In its first week of hearings for the new year, the Supreme Court of Canada will hear three appeals.

  • Supreme Court of Canada upholds voting rights for Canadians living abroad

    Supreme Court of Canada upholds voting rights for Canadians living abroad

    Jan 11, 2019

    The government was not justified in denying ballots to two Canadians that had lived in the United States for five consecutive years or more, judges at the Supreme Court of Canada said in a five-to-two split decision released on Jan. 11.

  • SCC’s amended rules will make case management 'more efficient and streamlined'

    SCC’s amended rules will make case management 'more efficient and streamlined'

    Jan 10, 2019

    The Supreme Court of Canada made amendments to its rules on Wednesday, which will come into force on Jan. 15 and apply to all cases. The changes aim to increase the Court’s efficiency, in part through the use of technology, and reduce costs and labour to lawyers and the public alike in requesting documents or filing notices.

  • Reasonable expectation of privacy exists in shared electronic devices: SCC

    Reasonable expectation of privacy exists in shared electronic devices: SCC

    Dec 13, 2018

    In an important case for expectations of privacy in personal data, the Supreme Court of Canada has allowed the appeal of an Ontario man whose shared computer was seized and searched without his consent.

  • SCC says 'unjust enrichment’ means irrevocable beneficiary of insurance policy not entitled to benefits

    SCC says 'unjust enrichment’ means irrevocable beneficiary of insurance policy not entitled to benefits

    Nov 23, 2018

    The Supreme Court of Canada has ruled in favour of the divorced wife of a deceased insurance policyholder, finding that the man’s common-law spouse was unjustly enriched after being named the irrevocable beneficiary of the policy whose premiums had continued to be paid by the ex-wife.

  • SCC upholds order for new trial after language rights infringed

    SCC upholds order for new trial after language rights infringed

    Nov 16, 2018

    ​The Supreme Court of Canada has dismissed the appeal of a man in a tax dispute and employment status case, after the Federal Court of Appeal ordered a new trial because the official language rights of witnesses had been violated in hearings before the Tax Court of Canada during an informal procedure.

  • This week at the SCC

    Nov 13, 2018

    The Supreme Court of Canada will hear four appeals this week relating to labour relations (Quebec), a habeas corpus application in Alberta, a challenge in B.C. under the Official Languages Act and a tax preparer’s conviction of fraud in Toronto.

  • SCC rules that a national securities regulator is constitutional

    SCC rules that a national securities regulator is constitutional

    Nov 9, 2018

    In a highly anticipated decision released today, the Supreme Court of Canada has ruled that a proposed co-operative pan-Canadian securities regulator is constitutional, thereby overturning a finding of the Quebec appellate court.

  • Maintenance records of breathalyzer machines are subject to third-party disclosure regime: SCC

    Maintenance records of breathalyzer machines are subject to third-party disclosure regime: SCC

    Oct 26, 2018

    In a trilogy of impaired driving cases the Supreme Court of Canada decided today, the appeals of two Alberta men who had demanded maintenance records for the breathalyzer instruments used following roadside pull-overs were dismissed, while the Quebec Crown’s appeal of a demand for disclosure was also dismissed.

  • Marshall Rothstein casts an eye to Supreme Court docket, including standard of review

    Marshall Rothstein casts an eye to Supreme Court docket, including standard of review

    Oct 25, 2018

    When Marshall Rothstein was being considered as a puisne judge on the Supreme Court of Canada in the winter of 2006, he was the first candidate to go through a parliamentary hearing process and answer questions from a special parliamentary committee prior to his appointment.

  • Quebec hotel's insurer on the hook for car stolen in 'park and fly' arrangement

    Oct 19, 2018

    A panel of Supreme Court justices said in a decision released Friday that a hotel is liable for a car stolen from its parking lot, and the hotel’s insurer must pay.

  • Parliament has no duty to consult First Nations in making laws: SCC

    Parliament has no duty to consult First Nations in making laws: SCC

    Oct 11, 2018

    Although the Crown must act honourably toward Canada’s Indigenous peoples, Parliament is not required to consult them when making laws, the Supreme Court of Canada ruled today.