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Archive For Entries On Civil Code

Globe and Mail v. Canada – Whistle(blow) While You Work

As it stands, 2010 has been an interesting year for members of the media and media lawyers who are interested in the legal dimensions of the relationship between a journalist and her source. In particular, the Supreme Court of Canada has weighed in on two different issues related to journalist-source privilege. Earlier this year, in [...]

Deliver us, courts, from every evil: Christensen v. Roman Catholic Archbishop of Québec , 2010 SCC 44

On October 29th the Supreme Court allowed the appeal of a controversial civil case to be remanded to the Quebec Superior Court for assessment. The court will hear the story that a victim thought she’d never have the chance to tell. It involves a 25-year-old sexual assault charge, a priest who plead guilty to the [...]

You’re Cleared for Takeoff: SCC Clears the Way for Airline to Enforce Damages Award against Iraq in Kuwait Airways Corp. v. Iraq

On October 21, 2010, the SCC held in Kuwait Airways Corp. v. Iraq, 2010 SCC 40, that the Republic of Iraq (“Iraq”) could not rely upon its state immunity to limit the jurisdiction of a Quebec court in order to prevent recognition a foreign judgment for damages against it. The quirk in this case was [...]

Bil’in and Yassin v. Green Park International Ltd. : Quebec Court Acknowledges War Crimes as Potential Basis for Civil Liability, Claim Ultimately Fails on Forum Non Conveniens

On September 18, the Superior Court of Quebec released its decision in the novel and intriguing case of Bil’in (Village Council) v. Green Park International Ltd., 2009 QCCS 4151. The plaintiffs sought to claim against a Quebec corporation and its sole director for participating in war crimes allegedly committed in the West Bank. However, Superior [...]

Recognizing No-Fault Civil Liability in Respect of Neighbourhood Disturbances in Québec Civil Law

Dust they are, and unto dust they shall return, yet human beings have difficulty resigning themselves to living in dust. Sometimes, weary of brooms and buckets of water, they are not unwilling to turn to the courts to get rid of it. This case is proof of that. So begins the Supreme Court of Canada’s [...]

SCC Decisions: Grover and Domtar

The Supreme Court released two decisions this morning. Perhaps the justices were feeling festive, on this first snowy day of the year? The first decision was in the matter of R. v. Grover, 2007 SCC 51; this short judgment dealt with the ability of an appellate court to unseat a trial judge’s rulings on matters [...]