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10 Dec 2019, 7:01 am
Justice Bastarache, speaking for two other of the dissenting judges, took a more restrictive view, stating, “a claimant must prove that the conduct or practice to which he or she to have freedom of religion apply is in fact based on a precept of his or her religion. [read post]
13 Jun 2013, 1:26 pm
., Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.) in reasons written by McLachlin CJ seemingly rejected, killed, and buried the Athey meaning of material contribution or materially contributed as a test for proof of factual causation on the balance of probability. [read post]
16 Jan 2011, 7:39 am
Reasoning On the extension of tort liability to pure economic losses in the context of commercial negotiations: The unanimous judgment of the court of delivered by Justices Iacobucci and Major (Chief Justice McLachlin and Justices Gonthier, Bastarache, Binne and Arbour also sat for the appeal). [read post]
29 Apr 2021, 4:00 am
Similarly, in Miglin, Justices Bastarache and Arbour held that: [74] … Negotiations in the family law context of separation or divorce are conducted in a unique environment. [read post]
27 Apr 2021, 12:36 pm
In 2000, in an article in the UNB Law Journal (Vol. 49, 169) about section 33, entitled “Section 33 of the Charter: What’s the Problem, Anyway? [read post]
30 May 2023, 11:19 am
Preamble This post is the fourth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. [read post]
