Yearly Archive: 2020

Protection from Cruel and Unusual Punishment Does Not Apply to Corporations, rules Québec (AG) v 9147-0732 Québec Inc

In recent years, mandatory minimum sentencing legislation for people convicted of criminal offences has often been ruled unconstitutional as cruel and unusual punishment contrary to Section 12 of the Canadian...

Another Loss for a Pure Economic Loss Claim in 1688782 Ontario Inc. v. Maple Leaf Foods Inc.

Since their inception in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 SCR 85 [Winnipeg Condominium], negligence claims relying on pure economic loss arguments have seldom been successful. The recent...

The Abolition of Peremptory Challenges in R v Chouhan: A License for Discrimination or Safeguard for Representative Juries?

In early October, the Supreme Court of Canada (“SCC” or “The Court”) heard submissions in R v Chouhan (Docket Number 39062, Heard on 7 October 2020) [Chouhan] on the constitutionality...