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  • Michel v. Graydon, 2020 SCC 24

    [1]                              At the conclusion of the hearing of this appeal, the Court allowed the appeal with costs throughout, and reinstated the order of Judge G. Smith of the Provincial Court of British Columbia, dated September 26, 2016, with reasons to follow. These are the reasons for that judgment.

  • 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22

    [1]                              Freedom of expression is a fundamental right and value; the ability to express oneself and engage in the interchange of ideas fosters a pluralistic and healthy democracy by generating fruitful public discourse and corresponding public participation in civil society. This case is about what happens when individuals and organizations use litigation as a tool to...

  • Bent v. Platnick, 2020 SCC 23

    [1]                              Freedom of expression and its relationship to the protection of reputation has been subject to an assiduous and judicious balancing over the course of this Court’s jurisprudential history. While in 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, this Court recognizes the importance of freedom of expression as the cornerstone of a pluralistic...

  • British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20

    [1]                              This appeal arises in litigation that implicates the relationship between two branches of the state. It requires this Court to balance several constitutional imperatives relating to the administration of justice and the separation of powers between the executive, legislative and judicial branches of the state: the financial dimension of judicial independence; the...

  • Nova Scotia (Attorney General) v. Judges of the Provincial Court and Family Court of Nova Scotia, 2020 SCC 21

    [1]                              This appeal, along with its companion appeal, British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20, requires that this Court balance several constitutional imperatives: the financial dimension of judicial independence, the shared responsibility of the executive and legislature to make decisions about public...

  • Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19

    [1]                              The appellant Atlantic Lottery Corporation Inc. (“ALC”), constituted by the governments of the four Atlantic provinces, is empowered to approve the operation of video lottery terminal games (“VLTs”) in Newfoundland and Labrador by the Video Lottery Regulations, C.N.L.R. 760/96. The respondents Douglas Babstock and Fred Small (“the plaintiffs”) applied for...

  • R. v. Thanabalasingham, 2020 SCC 18

    [1]                              The bulk of this case occurred before the release of this Court’s decision in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631. The facts leading to the respondent’s s. 11 (b) challenge are indicative of the culture of rampant and long-standing systemic delay — and complacency towards that delay — that had grown up in our criminal justice system. The manner in which

  • Reference re Genetic Non‑Discrimination Act, 2020 SCC 17

    [1]                              Parliament criminalized compulsory genetic testing and the non‑voluntary use or disclosure of genetic test results in the context of a wide range of activities — activities that structure much of our participation in society. This Court must decide whether Parliament could validly use its broad criminal law power to do so.

  • Uber Technologies Inc. v. Heller, 2020 SCC 16

    [1]                              In this appeal, the Court determines who has authority to decide whether an Uber driver is or is not an “employee” within the meaning of Ontario’s Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”): the courts of Ontario or an arbitrator in the Netherlands, as provided for in the contracts of adhesion between Uber and its drivers?

  • Toronto‑Dominion Bank v. Young, 2020 SCC 15

    [1]                              We have carefully read the reasons of our colleague Côté J. In our view, the Court of Appeal’s reasons are complete having regard to the issues, and we are entirely in agreement with them.

  • R. v. Zora, 2020 SCC 14

    [1]                              When individuals are charged with a crime, they are presumed innocent and have the right not to be denied reasonable bail without just cause. Most accused are not held in custody between the date of the charge and the time of trial because the Criminal Code, R.S.C. 1985, c. C-46  (“Code ”) and the Canadian Charter of Rights and Freedoms  (“Charter ”) typically...

  • Conseil scolaire francophone de la Colombie‑Britannique v. British Columbia, 2020 SCC 13

    [1]                              A school is much more than just a place to pass on theoretical and practical knowledge. It is also a setting for socialization where students can converse with one another and develop their potential in their own language and, in using it, familiarize themselves with their culture. That is the spirit in which the right to receive instruction in one of Canada’s...

  • R. v. Li, 2020 SCC 12
  • R. v. Ahmad, 2020 SCC 11

    [1]                              As state actors, police must respect the rights and freedoms of all Canadians and be accountable to the public they serve and protect. At the same time, police require various investigative techniques to enforce the criminal law. While giving wide latitude to police to investigate crime in the public interest, the law also imposes constraints on certain police...

  • 9354-9186 Québec inc. v. Callidus Capital Corp., 2020 SCC 10

    [1]                              These appeals arise in the context of an ongoing proceeding instituted under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36  (“CCAA ”), in which substantially all of the assets of the debtor companies have been liquidated. The proceeding was commenced well over four years ago. Since then, a single supervising judge has been responsible for its...

  • R. v. Friesen, 2020 SCC 9

    [1]                              Children are the future of our country and our communities. They are also some of the most vulnerable members of our society. They deserve to enjoy a childhood free of sexual violence. Offenders who commit sexual violence against children deny thousands of Canadian children such a childhood every year. This case is about how to impose sentences that fully reflect...

  • R. v. Chung, 2020 SCC 8

    [1]                              Mr. Chung was acquitted of dangerous driving causing death under s.  249(4) [1] of the Criminal Code, R.S.C. 1985, c. C-46  (“Code ”). At trial and on appeal, there was no question that Mr. Chung drove in an objectively dangerous manner and committed the actus reus of the charged offence. However, the trial judge had a reasonable doubt about whether Mr. Chung had...

  • R. v. K.G.K., 2020 SCC 7

    [1]                              Section 11 (b) of the Canadian Charter of Rights and Freedoms  provides that any person charged with an offence has the right to be tried within a reasonable time. In R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, this Court set out a new framework under s. 11 (b) designed to overcome a culture of complacency that had grown in the criminal justice system and was...

  • MacDonald v. Canada, 2020 SCC 6

    [1]                              This appeal deals with what are known as derivative contracts. Whether gains and losses from these contracts are to be characterized as on income account or on capital account depends on whether the contract is considered a hedge or speculation. A hedge is generally a transaction which mitigates risk, while speculation is the taking on of risk with a view to...

  • Nevsun Resources Ltd. v. Araya, 2020 SCC 5

    [1]                              This appeal involves the application of modern international human rights law, the phoenix that rose from the ashes of World War II and declared global war on human rights abuses. Its mandate was to prevent breaches of internationally accepted norms. Those norms were not meant to be theoretical aspirations or legal luxuries, but moral imperatives and legal...

  • Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), 2020 SCC 4

    [1]                              This appeal raises questions of fundamental importance to the way civil proceedings involving Aboriginal rights are carried out in this country. It has implications for access to justice and the ability of Indigenous peoples to meaningfully assert their constitutional rights in the justice system. A balance must be struck between the different principles at play,...

  • R. v. S.H., 2020 SCC 3
  • R. v. Doonanco, 2020 SCC 2
  • 9354-9186 Québec inc. v. Callidus Capital Corp.,
  • Reference re Environmental Management Act, 2020 SCC 1
  • Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67

    [1]                              This appeal concerns an application for judicial review of a decision by the Occupational Health and Safety Tribunal Canada (“OHSTC”). The administrative decision maker was tasked with interpreting a provision of the Canada Labour Code, R.S.C. 1985, c. L‑2  (“Code ”), to determine whether the employer, Canada Post Corporation (“Canada Post”), complied with its...

  • Bell Canada v. Canada (Attorney General), 2019 SCC 66

    [1]                              For more than 40 years, the Super Bowl game, which is played in the United States, had been broadcast in Canada in accordance with the “simultaneous substitution” regime, which was set out in various regulations made under the Broadcasting Act, S.C. 1991, c. 11 . As a result, Canadians were prevented from viewing high-profile commercials that were aired in the U.S.

  • R. v. Collin, 2019 SCC 64
  • Canada (Attorney General) v. British Columbia Investment Management Corp., 2019 SCC 63

    [1]                              This appeal and cross-appeal consider when the activities of a provincial Crown corporation may be taxed by the federal government. It requires this Court to evaluate the scope of the intergovernmental immunity from taxation set out in s. 125  of the Constitution Act, 1867 , and whether agreements entered into by two levels of government to pay the equivalent of “t

  • Yared v. Karam, 2019 SCC 62

    [1]                              The appellants, Mr. Ramy and Rody Yared, are the liquidators of the succession of their sister, Ms. Taky Yared, who passed away in April 2015. In July 2016, they sought a declaration in Superior Court that the value of the family residence should be included in the division of the family patrimony. At the time of Ms. Yared’s death, this residence was held under a...

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