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  • Ontario (Attorney General) v. G, 2020 SCC 38

    [1]                              People with mental illnesses face persistent stigma and prejudicial treatment in Canadian society, which has imposed profound and widespread social, political, and legal disadvantage on them. In particular, discriminatory perceptions that those with mental illnesses are inherently and indefinitely dangerous persist. These perceptions have served to support some of

  • Hydro-Québec v. Matta, 2020 SCC 37

    [1]                              Electricity is increasingly ubiquitous in our lives today . . . and in our land registers.

  • R. v. Slatter, 2020 SCC 36
  • 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35

    [1]                             This appeal is brought by 1688782 Ontario Inc., a former franchisee of Mr. Submarine Limited (“Mr. Sub”) and the class representative of 424 other Mr. Sub franchisees (“appellant” or “Mr. Sub franchisees”). The appellant says that class members were affected by the decision of the respondents (collectively, “Maple Leaf Foods”) to recall meat products that had been...

  • R. v. Kishayinew, 2020 SCC 34
  • R. v. Langan, 2020 SCC 33
  • Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32

    [1]                              This appeal requires this Court to decide whether s. 12  of the Canadian Charter of Rights and Freedoms  protects corporations from cruel and unusual treatment or punishment. Like our colleagues, we conclude that it does not, because corporations lie beyond s. 12 ’s protective scope. Simply put, the text “cruel and unusual” denotes protection that “only human...

  • R. v. Riley, 2020 SCC 31
  • Desjardins Financial Services Firm Inc. v. Asselin, 2020 SCC 30

    [1]                             With the greatest respect for the contrary view, I agree with the Court of Appeal’s decision to authorize the class action proposed by the respondent, both against Desjardins Financial Services Firm Inc. (“Firm”) and against Desjardins Global Asset Management Inc. (“Management”). In my respectful opinion, the Superior Court judge erred in dismissing the Re‑amended...

  • Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp., 2020 SCC 29

    [1]                              The narrow question raised by this appeal concerns the enforceability of a payment obligation in relation to parking rights provided for in an instrument that is registered on title. In answering this narrow question, however, the Court must consider more fundamental legal questions related to the distinction between property rights and contractual rights, general

  • Fraser v. Canada (Attorney General), 2020 SCC 28

    [1]                             In 1970, the Royal Commission on the Status of Women in Canada set out a galvanic blueprint for redressing the legal, economic, social and political barriers to full and fair participation faced by Canadian women for generations. Many of the inequities it identified have been spectacularly reversed, and the result has been enormous progressive change for women in...

  • R. v. Reilly, 2020 SCC 27
  • Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26

    [1]                             This appeal bears on the redress available to an employee who, by reason of the circumstances of his departure from a job he had held for many years, is treated in law as if he were dismissed. By extension, it concerns some of the proper contours of an employer’s common law right to determine the composition of its workforce.

  • R. v. Chouhan*,
  • R. v. Esseghaier*,
  • Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020 SCC 25

    [1]                              This case concerns a common law rule (the “anti-deprivation rule”) that operates to prevent contracts from frustrating statutory insolvency schemes. Chandos Construction Ltd. (“Chandos”) entered into a construction contract (“Subcontract”) with Capital Steel Inc. (“Capital Steel”). A provision of the Subcontract would award Chandos a sum of money in the event of...

  • 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...

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