SCC

  • This week at the SCC

    Feb 11, 2019

    The Supreme Court of Canada will hear four appeals this week, all of them of criminal law decisions.

  • SCC rules parole board residency order for offender can’t be collaterally attacked

    SCC rules parole board residency order for offender can’t be collaterally attacked

    Feb 8, 2019

    A former convict has lost his bid to collaterally attack a parole board residency condition that was made as part of a long-term supervision order, in a unanimous Supreme Court decision that marks the first time the high court has looked at the rules governing collateral attacks when a Charter breach is alleged.

  • SCC says trust is not disqualifying asset for rental assistance application

    SCC says trust is not disqualifying asset for rental assistance application

    Jan 25, 2019

    The Supreme Court of Canada has ruled that a Henson trust, which is commonly used to set money aside for people with disabilities, should not be considered an “asset” when determining eligibility for rental assistance.

  • This week at the SCC

    Jan 21, 2019

    The Supreme Court of Canada will hear five appeals this week, notably Wednesday’s hearing of Nevsun Resources’ appeal of its conviction of human rights abuses of miners at an Eritrean mine in which it held a majority industry, and, on Friday, whether defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state. The remaining appeals concern the revocation ad nutum of gifts between spouses in Quebec, an audit of a Calgary bitcoin company by Quebec’s revenue agency,

  • This week at the SCC

    Jan 14, 2019

    In its first week of hearings for the new year, the Supreme Court of Canada will hear three appeals.

  • Supreme Court of Canada upholds voting rights for Canadians living abroad

    Supreme Court of Canada upholds voting rights for Canadians living abroad

    Jan 11, 2019

    The government was not justified in denying ballots to two Canadians that had lived in the United States for five consecutive years or more, judges at the Supreme Court of Canada said in a five-to-two split decision released on Jan. 11.

  • SCC’s amended rules will make case management 'more efficient and streamlined'

    SCC’s amended rules will make case management 'more efficient and streamlined'

    Jan 10, 2019

    The Supreme Court of Canada made amendments to its rules on Wednesday, which will come into force on Jan. 15 and apply to all cases. The changes aim to increase the Court’s efficiency, in part through the use of technology, and reduce costs and labour to lawyers and the public alike in requesting documents or filing notices.

  • Reasonable expectation of privacy exists in shared electronic devices: SCC

    Reasonable expectation of privacy exists in shared electronic devices: SCC

    Dec 13, 2018

    In an important case for expectations of privacy in personal data, the Supreme Court of Canada has allowed the appeal of an Ontario man whose shared computer was seized and searched without his consent.

  • SCC says 'unjust enrichment’ means irrevocable beneficiary of insurance policy not entitled to benefits

    SCC says 'unjust enrichment’ means irrevocable beneficiary of insurance policy not entitled to benefits

    Nov 23, 2018

    The Supreme Court of Canada has ruled in favour of the divorced wife of a deceased insurance policyholder, finding that the man’s common-law spouse was unjustly enriched after being named the irrevocable beneficiary of the policy whose premiums had continued to be paid by the ex-wife.

  • SCC upholds order for new trial after language rights infringed

    SCC upholds order for new trial after language rights infringed

    Nov 16, 2018

    ​The Supreme Court of Canada has dismissed the appeal of a man in a tax dispute and employment status case, after the Federal Court of Appeal ordered a new trial because the official language rights of witnesses had been violated in hearings before the Tax Court of Canada during an informal procedure.

  • This week at the SCC

    Nov 13, 2018

    The Supreme Court of Canada will hear four appeals this week relating to labour relations (Quebec), a habeas corpus application in Alberta, a challenge in B.C. under the Official Languages Act and a tax preparer’s conviction of fraud in Toronto.

  • SCC rules that a national securities regulator is constitutional

    SCC rules that a national securities regulator is constitutional

    Nov 9, 2018

    In a highly anticipated decision released today, the Supreme Court of Canada has ruled that a proposed co-operative pan-Canadian securities regulator is constitutional, thereby overturning a finding of the Quebec appellate court.

  • Maintenance records of breathalyzer machines are subject to third-party disclosure regime: SCC

    Maintenance records of breathalyzer machines are subject to third-party disclosure regime: SCC

    Oct 26, 2018

    In a trilogy of impaired driving cases the Supreme Court of Canada decided today, the appeals of two Alberta men who had demanded maintenance records for the breathalyzer instruments used following roadside pull-overs were dismissed, while the Quebec Crown’s appeal of a demand for disclosure was also dismissed.

  • Marshall Rothstein casts an eye to Supreme Court docket, including standard of review

    Marshall Rothstein casts an eye to Supreme Court docket, including standard of review

    Oct 25, 2018

    When Marshall Rothstein was being considered as a puisne judge on the Supreme Court of Canada in the winter of 2006, he was the first candidate to go through a parliamentary hearing process and answer questions from a special parliamentary committee prior to his appointment.

  • Quebec hotel's insurer on the hook for car stolen in 'park and fly' arrangement

    Oct 19, 2018

    A panel of Supreme Court justices said in a decision released Friday that a hotel is liable for a car stolen from its parking lot, and the hotel’s insurer must pay.

  • Parliament has no duty to consult First Nations in making laws: SCC

    Parliament has no duty to consult First Nations in making laws: SCC

    Oct 11, 2018

    Although the Crown must act honourably toward Canada’s Indigenous peoples, Parliament is not required to consult them when making laws, the Supreme Court of Canada ruled today.

  • This week at the SCC

    Oct 9, 2018

    The Supreme Court of Canada will hear three appeals this week, its first of the fall session. The first two appeals involve charges of sexual assault against Indigenous persons, while the third concerns an alleged Charter breach in a search-and-seizure case.

  • Parliamentary privilege doesn’t apply to National Assembly labour dispute: SCC

    Parliamentary privilege doesn’t apply to National Assembly labour dispute: SCC

    Oct 5, 2018

    Parliamentary privilege did not extend to firing security guards for misconduct, the Supreme Court of Canada ruled today in dismissing an appeal by the president of Quebec’s National Assembly.

  • City of Burnaby, Toronto Real Estate Board both lose SCC appeal bids

    City of Burnaby, Toronto Real Estate Board both lose SCC appeal bids

    Aug 23, 2018

    Two high-profile appeals to the Supreme Court of Canada were dismissed today, but the fight will continue in other courts in one of those cases.

  • B.C. wins SCC appeal on production of health-care databases in Big Tobacco case

    B.C. wins SCC appeal on production of health-care databases in Big Tobacco case

    Jul 13, 2018

    A major tobacco company’s bid for production of a collection of British Columbia health-care databases containing coded health-care information has ended today, with the Supreme Court of Canada allowing the appeal of the province in dismissing Philip Morris International’s application. However, the tobacco giant and other defendants are still entitled to production of the databases if any of B.C.’s expert witnesses should rely on them.