Category: Jurisdiction

SCC to Consider Multinational Corporate Accountability in Araya v Nevsun: A Q&A with Plaintiffs’ Counsel

In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a...

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 divided the Supreme Court of Canada (“SCC”), resulting in an unclear way forward for Indigenous communities...

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...