Category: Jurisdiction

Jurisdiction Confusion: The SCC to Clarify the Federal and Tax Courts’ Roles in Taxation Law in Dow Chemical Canada

The Supreme Court of Canada (“SCC”) will soon comment on the jurisdictional contours of the Tax Court of Canada (“TCC”) and Federal Court of Canada (“FCC”). The SCC has granted...

Appeals Watch: Public or Private Law? SCC grants leave in Langford Sharp v Autorité des marchés financiers

Introduction On April 22, 2022, the Supreme Court of Canada (“SCC”) granted leave to an application for appeal in the Quebec Court of Appeal’s (“QCCA”) decision in Langford Sharp v...

Applying the Charter to State Actors Abroad: SCC Grants Leave in Corporal C.R. McGregor v Her Majesty the Queen

The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v...

Northern Regional Health Authority v Horrocks: Exclusive vs. Concurrent Jurisdiction for Labour Arbitrators

In Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks], the majority of the Supreme Court of Canada (“SCC”) held in a 6-1 decision that mandatory dispute resolution provisions...