Category: Legal Law

  Introduction In August 2025, the Supreme Court of Canada (the “Court” or the “Supreme Court”) declined to hear Raed Jaser’s latest appeal in the...

  In Ontario (Attorney General) v. Working Families Coalition (Canada) Inc., 2025 SCC 5, [Working Families], the Supreme Court of Canada (“SCC”) held that the...

  Introduction In Kohli v Thom, 2025 ONCA 200 [Kohli], the Court of Appeal for Ontario (the “Court”) tackled two recurring flashpoints in modern family...

  Introduction The Supreme Court of Canada’s (the “SCC” or the “Court”) decision in R v JW, 2025 SCC 16 [JW] addresses two intertwined controversies...

  In R v. Campbell, 2024 SCC 42 (“Campbell”), the Supreme Court of Canada (“SCC”) weighed in on whether the police had lawful authority to...

  In the Acadian Society of New Brunswick v The Right Honorable Prime Minister of Canada, the Supreme Court of Canada (“SCC”) will decide whether...

  Airline passengers in Canada recently scored an important win regarding consumer protection. In International Air Transportation Association v Canada (Transportation Agency), 2024 SCC 30...

By John NymanApril 1, 2025 In Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20 [Earthco], the Supreme Court of Canada (“SCC”)...

By Kyle SmythMarch 28, 2025 The Supreme Court of Canada (“SCC”) is set to hear the appeal of Nguyen c. Director of Criminal and Penal...

The Supreme Court of Canada (“SCC”) has dismissed the appeal in Saskatchewan (Environment) v Métis Nation, 2025 SCC 4 [Métis Nation]. A unanimous court found...

The Supreme Court of Canada (“SCC”) will soon hear the appeal of R v Chizanga, 2024 ONCA 545 [Chizanga], in which it will opine on...

Bell was denied favourable goods and services tax (“GST”) treatment of its purchase of electricity, which was determined to be a single supply for the...

In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine...

In R v McKee [41110], the Supreme Court (SCC) will decide whether a document in the possession of the Crown – containing information of police...

What gives way first — Parliament’s power to control its own process, or Parliamentarians’ right to speak freely without fear of prosecution? The Supreme Court...

Solicitor-client privilege remains a fundamental right which is only displaced where absolutely necessary. The court in Sakab Saudi Holding Company v Al Jabri, 2025 ONSC...

The Supreme Court of Canada (“SCC”) has dismissed the appeal in R v Stevenson, 2024 SCC 41 [Stevenson], upholding a trial judge’s decision to convict...

R v. Hanrahan, 2025 SCC 1 is a short oral decision —  a mere paragraph dismissing the Crown’s appeal against a sexual assault acquittal. The...

In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy...

In Sanis Health Inc v British Columbia, 2024 SCC 40 [Sanis], the Supreme Court of Canada (“SCC”) upheld British Columbia’s power to represent other Canadian...

The Supreme Court of Canada (“SCC”) is set to address critical questions regarding mortgage obligations which create issues of estoppel in the appeal [41296] of...

In many jurisdictions, the state has no right of appeal against the acquittal of an accused at trial. This is not so in Canada, where...

What is the causal line between attempted murder and aiding suicide? The Supreme Court of Canada (“SCC”) will grapple with this issue as it has...

What standard of review applies when reviewing the vires of subordinate legislation? In the post-Vavilov era, this question has been the subject of conflicting appellate...

Canadian privacy law hit Facebook hard in the Federal Court of Appeal’s recent decision in Privacy Commissioner of Canada v Facebook inc., 2024 FCA 140...

In York Region District School Board v Elementary Teachers’ Federation of Ontario, 2024 SCC 22 [YRDSB], the Supreme Court of Canada (“SCC”) reviewed an arbitrator’s...

The Supreme Court of Canada (“SCC”) has granted leave [41126] to appeal the Alberta Court of Appeal’s (“ABCA”) decision in R v Sheppard, 2023 ABCA...

In Canada (Commissioner of Competition) v Cineplex Inc., 2024 Comp Trib 5 [Cineplex], the Competition Tribunal (“Tribunal”) levied penalties of nearly $40 million dollars against...

In R v Wolfe, 2024 SCC 34 [Wolfe], a majority of the Supreme Court of Canada (“SCC”) ruled that driving prohibitions cannot be imposed upon...

In R v Carignan [41186], the Supreme Court of Canada (“Supreme Court”) will — for the first time — interpret the scope of and relationship...

Loyalty point programs demonstrate that, for GST/HST purposes, a payment can be received in its entirety as both a commercial and exempt amount. The Federal...

In Ahluwalia v Ahluwalia, 2023 ONCA 476 [Ahluwalia], the Ontario Court of Appeal (“ONCA”) granted a partial appeal and reduction of damage awards in the...

In Canadian Frontline Nurses v Canada (Attorney General), 2024 FC 42 [CFN], the Federal Court (“FC”) considered an application for judicial review challenging the federal...

In Canada (Attorney General) v Power 2024 SCC 26 [Power], the Supreme Court held that the Crown can be held liable in damages for passing...

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Quebec Court of Appeal (“QCCA”) on where the prescription period...

In R v Hodgson, 2024 SCC 25 [Hodgson], the Supreme Court of Canada (“SCC”) unanimously rejected the Crown’s appeal of an acquittal for second degree...

The Supreme Court of Canada (“SCC”) in R v Charles, 2024 SCC 29 [Charles] has clarified the approach to using corroborative evidence to establish the...

The Supreme Court has recognized that habeas corpus is “the strongest tool a prisoner has to ensure that the deprivation of his or her liberty...

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions...

Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax...

In Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 [IPC], the Supreme Court of Canada (“the SCC”) held that mandate letters...

In R v Kruk, 2024 SCC 7 [Kruk], the Supreme Court of Canada (“SCC”) rejected the “rule against common-sense assumptions,” affirming the importance and necessity...

The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to...

In R v Bouvette, 2023 BCCA 152 [Bouvette] the Court of Appeal for British Columbia (BCCA) set aside a guilty plea and ordered a stay...

Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case...

In R v Bykovets, 2024 SCC 6 [Bykovets], a 5-4 majority of the Supreme Court of Canada (“SCC”) found that Internet Protocol (“IP”) addresses are...

The Supreme Court of Canada (“SCC”) will soon give direction to lower courts on how to assess the prejudicial and probative value of permitting an...

In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the...

The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial....

In Mirza et al v the Law Society of Ontario 2023 ONSC 6727, [“Mirza“] the Ontario Superior Court of Justice (“SCJ” or the “Court”) struck...

In R v Wolfe, 2022 SKCA 132 [Wolfe], the Saskatchewan Court of Appeal (“SKCA”) affirmed that part VIII.1 of the Criminal Code, RSC 1985, c...

In R v Breault, 2023 SCC 9 [Breault], the Supreme Court of Canada (“SCC”) settled a long-running dispute regarding the flexibility of the immediacy requirement...

In R v Abdullahi, 2023 SCC 19 [Abdullahi], Canada’s highest court made a 6-1 ruling that an Ontario trial judge erred in law by insufficiently...

In Ontario (Attorney General) v Ontario (Information and Privacy Commissioner), 2024 SCC 4 [Ontario], the Supreme Court of Canada (“SCC” or the “Court”) held that...

The Court of Appeal for Ontario (the “ONCA”) has provided an emphatic reminder regarding the importance of timely access to counsel. R v Whittaker, 2024...

In Yatar v TD Insurance Meloche Monnex, 2004 SCC 8 [Yatar], the Supreme Court of Canada (“SCC”) unanimously ruled that the existence of a statutory...

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Saskatchewan Court of Appeal (“SKCA”) on a decades-long Métis land...

In R v Bykovets, 2024 SCC 6, the Supreme Court of Canada (“SCC”) decided that Canadians have a reasonable expectation of privacy in their Internet...

In Canadian Broadcasting Corp. v Manitoba, 2023 SCC 27 [CBC v Manitoba], the Supreme Court of Canada (“SCC” or “the Court”) unanimously dismissed from the...

Content Warning: The facts of this case involve the mention of serious violence and sexual assault.   The Supreme Court of Canada (“SCC”) has granted...

For an overview of the judicial history of this case, please see the first installment of this contribution. In this second contribution, I focus on...

On February 22, 2024, the Supreme Court of Canada (“SCC”, or the “Court”) granted the Crown’s application for leave to appeal [40990] R v Wilson,...

The Supreme Court of Canada (“SCC”) granted leave to appeal Pepa v Canada (Citizenship and Immigration), 2023 FCA 102 (“Pepa FCA”), a pithy (16 paragraph)...

The Supreme Court of Canada (“SCC”) has granted leave to appeal the long and complex case of R v Pan 2023 ONCA 362 [Pan]. At...

In R v Zacharias, 2023 SCC 30 [Zacharias], a divided Supreme Court of Canada (“SCC” or the “Court”) held that evidence obtained through an unlawful...

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Federal Court of Appeal (“FCA”) on undue delay leading to...

The Federal Court of Appeal (the “FCA”) resolved an “unusual question” about the Federal Court’s jurisdiction to raise a substantive question not raised by the...

For an overview of the legislative and judicial history of the case, please see the first installment of this contribution. In this second contribution, I...

In Canadian Alliance for Sex Work Law Reform v Attorney General, 2023 ONSC 5197 (“CASWLR”), Goldstein J of the Ontario Superior Court of Justice (“OSCJ”)...

Canada’s self-defence laws, which were recently reformed to provide greater clarity for that defence, have stirred up new uncertainty. In R v Hodgson, 2022 NUCA...

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Court of Appeal for Saskatchewan (“SKCA”) on inmate discipline regimes...

Last November, the Supreme Court of Canada (“SCC”) granted leave to Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc. and McKesson Canada Corporation...

The Supreme Court of Canada (“SCC”, or the “Court”) will revisit the question of when a contract formed in one province is sufficiently connected to...

In Ontario Teacher Candidates’ Council v Ontario (Education), 2023 ONCA 788 [OTCC], the Ontario Court of Appeal (ONCA) overturned a Divisional Court decision deeming Ontario’s Math...

In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada (“SCC”) decided the “belt and braces” theory for workplace safety warrants...

In a rare unanimous judgement, the Supreme Court of Canada (“SCC”) has ruled in R v Haevischer, 2023 SCC 11 (Haevischer) that only “manifestly frivolous”...

In Deans Knight Income Corp. v Canada, 2023 SCC 16, (“Deans Knight”) the Supreme Court of Canada (“SCC” or “the Court”) dismissed the taxpayer’s appeal,...

In R v Hanan, 2023 SCC 12 [Hanan], the Supreme Court (“SCC”) found that transitional exceptional circumstances did not excuse an excess delay of proceedings...

Introduction The two presidents of a Québec-based insurance group betrayed an atmosphere of trust with the majority shareholders. In Ponce v Société d’investissements Rhéaume ltée,...

The Ontario Court of Appeal (the “ONCA”) has provided fresh guidance on the applicable standard of review for a lower court’s interpretation of a standard...