THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On Uncategorized

Keeping it in the Family: Municipal Conflict of interest in the Context of Familial Relationships

The decision of the Court of Appeal for Ontario (“ONCA”) in Ferri v Ontario (Attorney General), 2015 ONCA 683 [Ferri] is the latest in a string of municipal conflict of interest cases involving prominent municipal politicians. Mario Ferri was a well-known Regional and City Councillor for the City of Vaughan, Ontario. On his own volition, […]

David beats Goliath? Not quite. Jurisdictional analyses in Chevron Corp v Yaiguaje

Introduction The effects of globalization are deep and far reaching – not least with respect to the Canadian legal framework. As cross-border litigation involving multinational corporations becomes increasingly prevalent, courts are forced to grapple with the challenges of reconciling the domestic and international aspects of these disputes. In Chevron Corp v Yaiguaje, 2015 SCC 42 […]

R v Tatton: The Confounding Distinction between Specific and General Intent

The Supreme Court of Canada’s (“SCC”) recent decision in R v Tatton, 2015 SCC 33 [Tatton] takes place in the context of a larger and more protracted debate about the defence of intoxication. In what cases, if any, can a self-induced state of intoxication negate intent, and provide an accused with a full acquittal? Courts […]

R v Perrone: The Need for Appellate Courts to Address both Credibility and Reliability of a Witness

This case is concerned with the credibility and reliability of a witness, and whether or not the trial judge erred in her assessment of the complainant’s evidence and provided an unreasonable verdict. On February 19, 2015, the Supreme Court of Canada (“SCC”) dismissed the appeal of R v Perrone, 2014 MBCA 74 [Perrone] from the […]

The YMCA, Taxation, and Statutory Interpretation: YMCA of Greater Toronto v Municipal Property Assessment Corporation

A recent ruling at the Court of Appeal for Ontario (“ONCA”), Young Men’s Christian Association of Greater Toronto v Municipal Property Assessment Corporation, 2015 ONCA 130 [YMCA, ONCA], held that the Toronto YMCA was not exempt from municipal property taxes on four properties to which it holds leases. The ONCA’s pithy decision rests on principles of statutory […]

Jury Instructions and Post-Offence Conduct: Her Majesty the Queen v Jason Rodgerson

On January 14, 2015, the Supreme Court of Canada will hold a hearing for the appeal of R v Rodgerson, 2014 ONCA 366. In the criminal law context, triers of fact can use post-offence conduct as evidence of certain facts in issue. For example, the evidence of an accused fleeing from a scene of an […]

Martin v Alberta, Federal Employees, and Workplace Injuries: Just Like the Rest of Us

In Martin v Alberta (Workers’ Compensation Board), 2014 SCC 25, the Supreme Court of Canada (“SCC”) resolved an issue that had been treated inconsistently by appellate courts across Canada. The SCC held that workplace compensation claims of federal employees, who are subject to the Government Employees Compensation Act, RSC 1985, c G-5 [GECA], are generally governed by […]

Silence Through Predictability: Manitoba Telecom Services

Pensions are often the lifeline for the millions of pension holders once they retire. Pension plans also fluctuate in value if parts of the funds are invested in securities. In such cases, actuarial surpluses occur when a fund’s assets are greater than the actuarial estimate of the pension plan’s liabilities, and sometimes it is not […]

The USSC Revisits the Fraud-on-the-Market Principle: Halliburton Co v Erica P John Fund

Last Wednesday, the United States Supreme Court heard oral arguments for Halliburton Co v Erica P. John Fund, thereby revisiting the contentious “fraud-on-the-market” principle adopted in the 1988 case of Basic Inc v Levinson, 485 US 224 (1988). The principle works as follows: open and developed securities markets are efficient and all relevant information about […]

How sure do police have to be of a safety risk to search? The Supreme Court clarifies in R v MacDonald

In R v MacDonald, 2014 SCC 3 [MacDonald], the Supreme Court of Canada has clarified the constitutional bounds of police searches conducted to ensure the safety of police or the public (“safety searches”). In a narrow majority (4:3), LeBel J held that safety searches do not violate section 8 of the Charter as long as […]