Category: Jurisdiction

Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)

The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40, resulted in a divided Supreme Court of Canada (“SCC”), and an unclear way forward...

The Ontario Court of Appeal Assumes Jurisdiction over Absent Foreign Claimants

On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and...

Highwood Congregation v Wall : SCC Considers Religious Excommunication Appeal

On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview...

Goliath Strikes Back: The Yaiguaje v Chevron Saga Continues

After the underdog Ecuadorians’ victory in Chevron Corp v Yaiguaje, 2015 SCC 42, which established that judgements against foreign corporations can be enforced against Canadian subsidiaries, the Goliath Chevron Corporation...