I love the Supreme Court of Canada. I really do. I’ve spent most of my career trying to defend it (at least to my first year constitutional law classes). Very few people could do the job that Supreme Court judges do. But it’s sometimes hard to keep soldiering on defending the Court. How, for instance, [...]

On September 17, the Court of Appeal for Ontario (“OCA”) released its decision for Société Air France v. NAV Canada, 2010 ONCA 598, ordering production of the Air France Flight 358 aircraft’s “cockpit voice recorder” (“CVR”) to the litigation parties. The CVR was previously held under statutory privilege. The decision confirmed the order made by [...]

Most Torontonians have been inconvenienced by the Toronto Transit Commission (“TTC”), but ultimately sigh and move on. This is not the case for a group of small-business owners, who have launched a $105 million lawsuit against the Ontario government, the City of Toronto and the TTC for lost business as a result of the St. [...]

With the winter session starting at the SCC on January 21, 2008, I’ve decided to review a decision that was handed down by the Canadian Transportation Agency on Thursday, January 10, 2008, which echoes the March 2007 SCC decision in Council of Canadians with Disabilities v. VIA Rail. The CTA’s decision can be found here. [...]

In the recent case Council of Canadians with Disabilities v. VIA Rail the Supreme Court of Canada reviewed the decision of the Canada Transportation Agency (CTA) ordering Via Rail to modify 13 economy coach cars and 17 service cars of the renaissance class to make them wheelchair accessible. In a 5-4 split decision the majority [...]