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Die Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die

By Katherine Booth Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store...

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Two Big Wins for Unions at the SCC

By Angela Juba Earlier this year, the Supreme Court of Canada delivered a pair of big wins to Canadian unions. Both judgments relate to public sector unions, but may have important implications for...

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The Supreme Court rules that the Charter permits courts to award damages...

By Renée Zatzman Does s. 24(1) of the Canadian Charter of Rights and Freedoms authorize a court of competent jurisdiction to award damages against the Crown for prosecutorial misconduct absent proof of...

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“Crossing the Rubicon” Against Corporations: Authorities Cannot Investigate...

By Julie-Martine Loranger, Gabriel Querry and Patrick Ostiguy Authorities must relinquish their broad compulsory auditing powers when engaging in an adversarial determination of penal liability or, as...

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Whose Courtroom Is It Anyway – The Latest Instalment of Groia v The Law...

By Ryan MacIsaac In a decision of interest to barristers, the Ontario Court of Appeal held that the Law Society of Upper Canada is entitled to deference when regulating a lawyer’s in-court conduct in...

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The SCC Monitor (July 2016)

A Commentary on Recent Legal Developments by the Canadian Appeals MonitorBy Katherine Booth and Ryan MacIsaac We may be into the lazy days of midsummer, but the Supreme Court of Canada (“SCC”) has been...

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Hamilton City’s Attempt to Stamp Out Community Mail Delivery Ruled...

By Byron Shaw and Hakim Kassam In response to Canada Post’s announcement that it was restructuring its mail delivery and doing away with home delivery services, the City of Hamilton passed a by-law...

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Edmonton East (Capilano): Standard of Review Heads South

By Ryan MacIsaac The Supreme Court of Canada released its administrative law decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 (“Edmonton East”) in late...

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No Jury Trial for Securities Offences: Economic Penalties Are Not A “More...

By Timothy Froese Is a $5 million fine a less severe punishment than a night in jail?  Are hefty financial penalties for quasi-criminal or regulatory offences able to trigger the procedural protections...

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In Which Ontario Court Do I Bring My Constitutional Challenge?

By Byron Shaw “Can a litigant challenge the constitutional validity of subordinate legislation such as a provincial regulation by bringing an application under Rule 14.05 in Superior Court or is she...

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