Canadian Caselaw

Court

Jurisdiction

Latest documents

• Canada (Citizenship and Immigration) et al. v. The Canadian Council for Refugees et al., 2021 FCA 72

  [1] The appellants (“Canada”) appeal from the judgment of the Federal Court (per McDonald J.): 2020 FC 770, 448 D.L.R. (4th) 132. The respondents to the appeal (the “Claimants”) cross-appeal. Broadly speaking, the appeal and the cross-appeal concern the constitutional validity of certain legislative provisions that prevent certain refugee claimants from seeking refugee protection in Canada. To understand the nature of the appeal and cross-appeal, a brief description of the background is needed.

• Smith v. Canada (Attorney General), 2021 FCA 73

  [1] The appellant appeals from the judgment of the Federal Court (per Favel J.); (2019 FC 770) (the Federal Court Decision). The appellant submits that the Federal Court erred in law when it dismissed his application for judicial review.

• R. v. Smart, 2021 ONSC 2825
• R. v. Pastro, 2021 BCCA 149
• Chaput v. Chaput, 2021 ONSC 2809
• R v Simaganis, 2021 ABCA 140
• Lengyel v. TD Home and Auto Insurance, 2021 ONCA 237
• R. v. R.H., 2021 ONCA 236
• R. v. Beezer, 2021 ONCJ 222
• R v Anderson, 2021 ABCA 135

Featured documents

• Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

  [1]                              This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions....

• R. v. Bradshaw, 2017 SCC 35

  [1]                              Hearsay is an out-of-court statement tendered for the truth of its contents. It is presumptively inadmissible because — in the absence of the opportunity to cross-examine the declarant at the time the statement is made — it is often difficult for the trier of fact...

• 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. Boutilier, 2017 SCC 64

  [1]                              The appellant, Mr. Boutilier, challenges the constitutional validity of s. 753(1)  and (4.1)  of the Criminal Code, R.S.C. 1985, c. C-46 , two provisions at the core of the dangerous offender regime, under ss. 7  and 12  of the Canadian Charter of Rights and...

• 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?...

• 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...

• 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...

• 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. 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,...

• Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63

  [1]                              This appeal provides the Court with an opportunity to affirm the analytical framework by which liability may be imposed in cases of negligent misrepresentation or performance of a service by an auditor....