• Canadian Caselaw

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Jurisdiction

Latest documents

  • 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 shared responsibility of the executive and legislature to make decisions about public money; and the public interest in ensuring the executive can conduct its internal business in confidence.

  • 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 money, and the public interest in having the executive conduct its internal business in confidence.

  • Agbeja v. Canada (Citizenship and Immigration), 2020 FC 781

    [1]  The applicants are all members of a Nigerian family who seek refugee status in Canada under the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”).

  • Chokheli v. Canada (Citizenship and Immigration), 2020 FC 800

    [1]  This is an application for judicial review of a decision made by the Refugee Protection Division (RPD) on June 13, 2019 in which it allowed the Respondent’s application under subsection 108(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA) for cessation of the Applicant’s refugee status, the result of which was that the Applicant’s claim for protection was deemed rejected under subsection 108(3), and was so ordered by the RPD (Decision).

  • Asghar v. Office of the Independent Police Review Director, 2020 ONSC 4549
  • Bell Canada v. Hussey, 2020 FC 795

    [1]  On June 16, 2017, Bell Canada dismissed Amanda Hussey from her position as manager of one of their retail outlets, allegedly for cause.  Ms. Hussey brought a complaint of unjust dismissal against Bell under section 240 of the Canada Labour Code, RSC 1985, c L-2.  The complaint was referred to an Adjudicator appointed by the Minister of Labour.  The proceeding before the Adjudicator was bifurcated between the merits of the unjust dismissal complaint and remedy in the event that the complaint were upheld.

  • Canada v. 984274 Alberta Inc., 2020 FCA 125

    [1]  This is an appeal brought by Her Majesty the Queen (the Crown or the appellant) from a judgment of the Tax Court of Canada (2019 TCC 85), wherein Smith J. (the Tax Court judge) allowed the appeal brought by 984274 Alberta Inc. (the respondent or Alberta) and vacated an assessment issued by the Minister of National Revenue (the Minister) under the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (the Act) pertaining to the respondent’s 2003 taxation year.

  • Salt Canada Inc. v. Baker, 2020 FCA 127

    [1]  This is an appeal from the judgment of the Federal Court (per Boswell J): 2016 FC 830. The Federal Court dismissed an application brought by the appellant for an order directing the Commissioner of Patents to vary the records of the Patent Office to reflect it as owner of Canadian Patent No. 2,222,058.

  • Khokhar v. Aviva Insurant, 2020 ONSC 4528
  • Community Trust Company v. Natalie Theresa Anderson, 2020 ONSC 4565

Featured documents

  • R. v. Marakah, 142 WCB (2d) 490

    [1]                              Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant?...

  • R. v. Antic, [2017] SCJ No 27 (QL)

    [1]                              The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system. It entrenches the effect of the presumption of innocence at the pre-trial stage of the criminal trial process and safeguards the liberty...

  • Teal Cedar Products Ltd. v. British Columbia, [2017] SCJ No 32 (QL)

    [1]                              In British Columbia, the scope of appellate intervention in commercial arbitration is narrow in two key ways. First, there is limited jurisdiction for appellate review of arbitration awards because that jurisdiction is statutorily limited to questions of law (Arbitra...

  • R. v. Nur, [2015] N.R. TBEd. AP.010

    [1] McLachlin, C.J.C. (LeBel, Abella, Cromwell, Karakatsanis and Gascon, JJ., concurring) : Gun-related crime poses grave danger to Canadians. Parliament has therefore chosen to prohibit some weapons outright, while restricting the possession of others. The Criminal Code , R.S.C. 1985, c. C-46,...

  • R. v. Cody, 349 CCC (3d) 488

    [1]                              In R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the ...

  • R. v. Jones, [2017] 2 SCR 696

    [1]                              The appellant, Mr. Jones, was convicted of several firearms and drug trafficking offences. His convictions rest on records of text messages seized from a Telus account associated with his co-accused pursuant to a production order obtained under s. 487.012  (now s. 48...

  • Carter v. Can. (A.G.) (SCC), JE 2015-245

    [1] By the Court : It is a crime in Canada to assist another person in ending her own life. As a result, people who are grievously and irremediably ill cannot seek a physician's assistance in dying and may be condemned to a life of severe and intolerable suffering. A person facing this prospect has ...

  • Douez v. Facebook, Inc., 411 DLR (4th) 434

    [1]                              Forum selection clauses purport to oust the jurisdiction of otherwise competent courts in favour of a foreign jurisdiction. To balance contractual freedom with the public good in having local courts adjudicate certain claims, courts have developed a test to...

  • Saadati v. Moorhead, [2017] 1 SCR 543

    [1]                              This appeal, which arises from a motor vehicle accident in British Columbia, concerns principally the application of the common law of negligence to claims for mental injury.[1] A trial judge awarded damages for mental injury to the appellant, Mohsen Saadati, on the ...

  • R. v. Jordan, AZ-51302609

    [1]                              Timely justice is one of the hallmarks of a free and democratic society. In the criminal law context, it takes on special significance. Section 11 (b) of the Canadian Charter of Rights and Freedoms  attests to this, in that it guarantees the right of accused persons ...