The McLachlin Era: A Retrospective (Part II)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have...
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The McLachlin Era: A Retrospective (Part I)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have...
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Iggillis Holdings Inc v Canada (National Revenue): What Secrets Can Corporate Lawyers and Their Clients Keep?
When corporate lawyers choose to exchange information with opposing counsel, they do so with a view towards a smooth and confidential closing of their client’s transaction. In particular, the promise...
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The Reasonableness of Extradition Assurances Against Torture in India v Badesha
In India v Badesha, 2017 SCC 44 [Badesha] the Supreme Court of Canada (“the Court”) weighed in on the extradition of two Canadian citizens charged in India for conspiracy to...
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R v G.T.D.: When Six Words in a Police Caution Infringe Rights to Counsel
“Do you wish to say anything?” On February 14, 2018, the Supreme Court of Canada (“SCC”) decided in R v G.T.D., 2018 SCC 7 [G.T.D.] that those six words, said by...
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Heller v Uber Technologies Inc: Arbitration Clause Stops a $400 million Class Action in its Tracks
Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees. In January 2018, the ONSC released its ruling in the...
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2017 and the Supreme Court: A Year in Review
TheCourt.ca is pleased to present its annual Year in Review special for 2017 (see also our 2015 and 2016 Year in Review posts). 2017 was particularly impactful for the Supreme...
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CMDS v CSPO (Part 2): ONSC Weighs Religious Physicians’ Charter Claim
On January 31, the Ontario Superior Court (“ONSC”) released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first...
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CMDS v CSPO (Part 1): ONSC Weighs Religious Physicians’ Charter Claim
On January 31, the Ontario Divisional Court released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first of...
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Discord and the Sword: An Estate Dispute and Proprietary Estoppel in Cowper-Smith v Morgan
In Cowper-Smith v Morgan, 2017 SCC 61 [Cowper-Smith], the Supreme Court of Canada (“the Court”) brings back painful memories of first-year Contracts and attempts to clarify the complex equitable doctrine of...
The McLachlin Era: A Retrospective (Part II)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have...
The McLachlin Era: A Retrospective (Part I)
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have...
Iggillis Holdings Inc v Canada (National Revenue): What Secrets Can Corporate Lawyers and Their Clients Keep?
When corporate lawyers choose to exchange information with opposing counsel, they do so with a view towards a smooth and confidential closing of their client’s transaction. In particular, the promise...
The Reasonableness of Extradition Assurances Against Torture in India v Badesha
In India v Badesha, 2017 SCC 44 [Badesha] the Supreme Court of Canada (“the Court”) weighed in on the extradition of two Canadian citizens charged in India for conspiracy to...
