Tagged: Interjurisdictional Immunity

by Adam Giancola · Jan 14 , 2017

When Court Jurisdiction Meets Statutory Interpretation: Windsor (City) v Canadian Transit Co

When Driedger’s “modern principle” was first articulated in Rizzo v Rizzo Shoes Ltd (Re), [1998] 1 SCR 27 as the SCC’s preferred approach to statutory interpretation, the onerous task of...

Class Proceedings / Constitutional Law

by Maciej Lipinski · Oct 10 , 2014

Banks Forced to Repay Added Charges Plus Punitive Damages: Bank of Montreal v Marcotte

On September 19, 2014, the Supreme Court of Canada (“SCC”) released its decision in Bank of Montreal v Marcotte, 2014 SCC 55 [BMO v Marcotte], and its two companion cases,...

Tags: Banking Interjurisdictional Immunity Paramountcy punitive damages

Constitutional Law

by Harjot Atwal · Jan 23 , 2012

The “Return to Unanimity” in Insite and Division of Powers Jurisprudence: Chief Justice McLachlin’s “Oversight”

Between 2000 and 2008, under Chief Justice McLachlin’s oversight, the Supreme Court of Canada (“SCC”), was unanimous in its disposition of division of powers issues in 25 rulings or reference...

Tags: Division of Powers Interjurisdictional Immunity Paramountcy