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20 Feb 2015, 4:00 am
The duty of commitment as a principle of fundamental justice The majority concluded at para. 103 that the narrow version of independence of the bar is a principle of fundamental justice stating: In the context of state action engaging s. 7 of the Charter, … (subject to justification) the state cannot impose duties on lawyers that undermine the lawyer’s compliance with that duty, either in fact or in the perception of a reasonable person, fully apprised of all of the relevant… [read post]
26 Oct 2009, 2:44 pm
Leonati, [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235. [read post]
14 Jun 2007, 12:34 pm
Haberman [1997] 3 S.C.R. 549. [read post]
11 Sep 2012, 7:13 am
Because the provinces have been assigned constitutional jurisdiction over such matters, they are free to develop different solutions and approaches, provided that they abide by the territorial limits of the authority of their legislatures and their courts. [read post]
30 Nov 2014, 6:47 am
Canadian Broadcasting Corp., [1994] 3 S.C.R. 835), but to attempt a reconciliation. [read post]
11 Sep 2012, 7:13 am
Because the provinces have been assigned constitutional jurisdiction over such matters, they are free to develop different solutions and approaches, provided that they abide by the territorial limits of the authority of their legislatures and their courts. [read post]
6 Jun 2017, 2:24 pm
It would appear that parties expected him to take these two matters into account in any award. [read post]
28 Jun 2017, 12:44 pm
Mauldin, [2014] 1 S.C.R. 87, the Supreme Court of Canada directed that a new approach to summary judgment motions was required. [read post]
21 Feb 2011, 4:07 pm
In addition, the Court noted the significant differences between the constitutional and political contexts of the two countries, societal differences, the different position of the media and the degree to which the courts had left matters for judicial interpretation (at 399). [read post]
29 Dec 2014, 5:25 pm
” We need to ask further: “why do we believe “personal control” matters? [read post]
2 Jul 2017, 8:06 am
, 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986, at p. 999; Jadot v. [read post]
20 Nov 2010, 12:30 pm
Rather, it is the policy language that matters. [read post]
24 Nov 2013, 4:00 am
British Columbia (Attorney General), [1993] S.C.R. 519, a case involving similar facts and legal argument in which the Supreme Court of Canada upheld the validity of the impugned provisions. [read post]
13 Aug 2017, 6:50 pm
, 2001 SCC 81(CanLII), [2001] 3 S.C.R. 575, at para. 38: The intention of Parliament or the legislatures is not frozen for all time at the moment of a statute’s enactment, such that a court interpreting the statute is forever confined to the meanings and circumstances that governed on that day. [read post]
21 Feb 2023, 11:18 pm
The Queen in Right of Canada, [1982] 2 S.C.R. 643, Doyle Construction Co. v. [read post]
7 Apr 2013, 2:01 pm
” The trial judge applied the reasoning of the Supreme Court of Canada in Tercon Contractors Ltd. v British Columbia (Transportation and Highways), [2010] 1 S.C.R. 69 and held that, unlike in that case, the exclusion clause covered MTO’s alleged misconduct and was a complete defence. [read post]
23 Jul 2012, 1:39 am
I've posted several pieces on the recent Supreme Court of Canada copyright decisions, including an immediate overview, a piece on why Canada has shifted to fair use, an analysis of the inclusion of a technological neutrality principle, a discussion on the implication for Access Copyright, and a high level look at the key issues. [read post]
19 Jan 2011, 8:33 pm
The brokerage refused to pay the outstanding purchase price on the basis that Steele breached the non-compete; the matter ultimately went to court. [read post]
4 Oct 2017, 8:36 am
Davidson, 1989 CanLII 92 (SCC), [1989] 1 S.C.R. 1038, Dickson C.J., writing for the majority of the Court, had occasion to comment on the nature of this relationship. [read post]
12 Jun 2008, 11:08 am
Taylor [1990] 3 S.C.R. 892, for instance, the Court upheld a cease-and-desist order (as well as criminal contempt sanctions when the Party disregarded the order) against the Western Guard Party for spreading an anti-Semitic message via a recorded telephone message. [read post]
