The Supreme Court of Canada (SCC) has recently released its decision in Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9 [Momentous.ca], which is only the first in a series of much awaited rulings of the SCC aimed at clarifying the question of jurisdiction Canadian courts have to hear private international [...]

At the moment, attention is focused on the United States Supreme Court’s (SCOTUS) controversial oral hearings on the Patient Protection and Affordable Care Act cases. However, arguments for a more important case for international lawyers took place on 28 February 2012. On that date, SCOTUS Justices heard arguments in Kiobel v Royal Dutch Petroleum, 621 F.3d [...]

Prostitution Challenge Passes Muster At OCA After months of deliberation, the Ontario Court of Appeal issued a landmark ruling on Monday regarding prostitution laws in Canada. While prostitution itself was not illegal in Canada, up until Monday, several provisions regarding prostitution were. This decision recognizes the rights of sex workers in allowing them the ability [...]

R. v. Ipeelee [2012 SCC 13] is a difficult case. As with most criminal cases, the facts of the case are difficult to stomach: a dizzying confluence of alcohol and drugs and then bursts of violence, particularly against women. Raised without parental guidance in an abusive home, the two defendants, both of whom are of [...]

Last week, the Supreme Court of Canada (SCC) released its decision in Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission) (“Halifax“), 2012 SCC 10. Writing for a unanimous Court, Justice Cromwell held that the decision by the Nova Scotia Human Rights Commission to send a complaint to a board of inquiry for determination was [...]

Graham James Sentence Inspires Timely Debate on Sentencing The highly publicized sentencing of Graham James, a former junior hockey coach convicted of sexually assaulting two players that he coached as teenagers, including former NHLer Theo Fleury, has drawn strong reactions from commentators and victims and inspired timely debate regarding sentencing practices in Canada. James was [...]

Sometimes, some seemingly juvenile cases can lead to significant clarifications on areas of the law that have not kept up with our rapidly evolving world. Baglow v Smith, currently before the Ontario Court of Appeal is a prime example of one such case. The Tale of Two Blogs In Canada’s increasingly partisan and divided political [...]

Previously on TheCourt.ca: Ajit Singh’s introductory piece on the appellate level decision and Christopher Hunter’s view on the Supreme Court’s decision in S.L., et al. v. Commission scolaire des Chênes, et al, 2012 SCC 7. In Canada today, one would not be surprised to hear a modern parent exclaim, “I don’t want the school system shoving [...]

In Merck Frosst v. Canada, 2012 SCC 3, the forefront of the debate rests on the balance between commercial confidentiality and government transparency. In this 6-3 ruling, the Supreme Court of Canada (“SCC”) establishes a clear framework governing the disclosure of trade secrets, confidential information and commercially sensitive information filed with Health Canada for drug [...]

In the recent decision of R v Chiang, 2012 BCCA 85 (Chiang), the British Columbia Court of Appeal (BCCA) endorsed police usage of Craigslist.ca (Craigslist) for “random virtue testing.” Chiang illustrates the ever-evolving game of cat-and-mouse between police and criminals in the digital age, and the courts’ deference to this reality. As a result of media [...]