In Canada (Canadian Human Rights Commission v Canada (Attorney General), 2011 SCC 53, the issue originated in a human rights complaint with the Canadian Human Rights Commission (CHRC), with a claimant alleging that the Canadian Forces had discriminated against her on the ground of sex. The Tribunal awarded damages, and the claimant then applied for [...]

When deciding cases relating to tax planning—or the minimization of a taxpayer’s tax burden—judges face the daunting task of reconciling a tension between longstanding common law principles and s.245 of the Income Tax Act, R.S.C., 1985, c.1,  the General Anti-Avoidance Rule (GAAR). On the one hand, Lord Tomlin’s holding in Duke of Westminster that “every [...]

Anti-gay demonstrator Bill Whatcott will soon learn what the Supreme Court of Canada has to say about the offensive flyers he dumped on Western Canada in the early 2000s. Whatcott spammed “hundreds of thousands” of Saskatchewanites until four people filed human rights complaints against him, claiming he had violated the Province’s hate laws. He responded [...]

In Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2011 SCC 53, Ms. Mowat filed a sexual harrassment complaint against her former employer, the Canadian Forces. The Canadian Human Rights Tribunal found that her complaint was partially substantiated and awarded her $4,000 for “suffering in respect of feelings or self respect.” When Ms. Mowat further applied for [...]

A short time ago, in Canada, there were three bungling giants in the telecommunications industry: Bell, Rogers, and Telus. By many accounts, when it came to customer service and satisfaction, each was as bad as the other: they forced customers into non-negotiable and eternal contracts, riddled their bills with unexpected charges, and as a final [...]

The SCC is currently considering the very modern problem of Alexandre Dubé’s capital gains tax woes. As a member of the Obejiwan First Nation (as defined by the Indian Act R.S.C. 1985, c.I-5), living on a reserve in Quebec, many of Mr. Dubé’s sources of income are exempt from federal and provincial taxation schemes. He [...]

Fair is foul, and foul is fair: an overview The latest development in the David and Goliath saga that is The Canadian Government v. Alan N. Young is as intriguing as always, yet also somewhat disheartening. It pits Osgoode’s venerable criminal law professor in his role as Co-Founder/Director of the Innocence Project, an organization that [...]

The Ontario Court of Appeal has released its judgement in R. v. Huggins, 2010 ONCA 746, a hotly-contended case surrounding a notorious dogfight.  In a decision that will be an extreme disappointment to dog-lovers everywhere, the Court ordered that “Ginger” the pit bull be put down immediately. A Walk in the Park Turns Into a [...]

The Supreme Court of Canada has denied leave to appeal from the Quebec appellate decision of Bellemare c. Lisio, 2010 QCCA 859 (French only), ending the well-publicized legal battle over the fate of a public inquest into the death of Michel Berniquez. Nearly eight years have passed since the night Mr. Berniquez died from cardiac [...]

This November, the Supreme Court of Canada (“SCC”) will weave in and around federal and provincial legislation that has generated consternation over divorce and property division equity in Canadian provinces. The judges will hear party submissions from the Manitoba Court of Appeal (“MCA”) decision of Schreyer v. Schreyer, 2009 MBCA 84, a judgment that ultimately released [...]