Vicarious Liability: The Two Approaches
This is a special guest contributor article. On June 17, 1999, the Supreme Court of Canada handed down two decisions dealing with the same topic. One of them, Bazley v....
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SCC Refuses to Extend Random Sobriety Stop Power to Private Property: R v McColman
Driving, as a licensed activity, carries certain limitations. Perhaps most important among them is the prohibition against driving while impaired. But the law cannot reach every corner of a person’s...
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Is Crown Immunity Absolute? The SCC to Hear Appeal in Attorney General of Canada v Power
The Supreme Court of Canada (“SCC”) will soon comment on the compelling question of how far Crown immunity stretches. Having granted leave to appeal in Attorney General of Canada v...
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R. v. Zacharias: SCC to Consider Alleged Charter Breaches in Drug Trafficking Case
On May 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] will hear the appeal of R. v. Zacharias, 2022 ABCA 112 [“Zacharias”]. The appeal is from the...
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R v Metzger : The Supreme Court overrules the Trial Judge on Findings of Fact
In R v Metzger, 2023 SCC 5 [Metzger], the Supreme Court of Canada (“SCC”) upheld the acquittal of Shawn Metzger, who had been convicted of a number of offences arising...
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CMAC Rules Military Judges Are Not Independent or Impartial: R v Christmas
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas,...
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Resisting Simplification: The Judicial Legacy of the Honourable Michael Moldaver
Introduction On September 1st 2022, after nearly eleven years of service, the Honourable Michael Moldaver retired from his post as Justice on the Supreme Court of Canada (“SCC”). This article...
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Equity Cannot Relieve Tax Mistakes
Introduction The Supreme Court of Canada (“SCC”) bifurcated 8-1 in Canada (Attorney General) v Collins Family Trust, 2022 SCC 26 (“Collins”) with Brown J writing for the majority and Côté...
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R. c. Marchand: SCC to Consider Constitutionality of Mandatory Minimum Sentence for Child Luring
On February 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] heard the appeal in R. c. Marchand, 2021 QCCA 1285 [Marchand QCCA] concerning the constitutionality of the...
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Unreasonable Search and Seizure in the Workplace: SCC Grants Leave in YRDSB v ETFO
In Elementary Teachers Federation of Ontario v York Region District School Board, 2022 ONCA 476 [Elementary Teachers], the Ontario Court of Appeal (“ONCA”) explored whether employees had a right to...
Vicarious Liability: The Two Approaches
This is a special guest contributor article. On June 17, 1999, the Supreme Court of Canada handed down two decisions dealing with the same topic. One of them, Bazley v....
SCC Refuses to Extend Random Sobriety Stop Power to Private Property: R v McColman
Driving, as a licensed activity, carries certain limitations. Perhaps most important among them is the prohibition against driving while impaired. But the law cannot reach every corner of a person’s...
Is Crown Immunity Absolute? The SCC to Hear Appeal in Attorney General of Canada v Power
The Supreme Court of Canada (“SCC”) will soon comment on the compelling question of how far Crown immunity stretches. Having granted leave to appeal in Attorney General of Canada v...
R. v. Zacharias: SCC to Consider Alleged Charter Breaches in Drug Trafficking Case
On May 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] will hear the appeal of R. v. Zacharias, 2022 ABCA 112 [“Zacharias”]. The appeal is from the...
