This blog expresses our views on upcoming and decided appeals of interest to Canadian businesses and professions. It also comments on the impact of legal changes that may affect appellate procedure, and relates insights and best practices derived from our experiences handling complex appeals.
Articles: 1-10 of 119
The Divisional Court Reiterates the Importance of Deliberative Secrecy
Canada - June 19 2023 Can you obtain the notes of a judge or adjudicator when alleging bias? This issue was recently addressed by the Divisional…
Supreme Court of Canada affirms the importance of protecting “counter-speech”
Canada - May 23 2023 In Hansman v. Neufeld, the Supreme Court of Canada recognized a weighty public interest in protecting “counter-speech” by those who advocate for…
Canadian case law trending to compel production of data by foreign corporations to Canadian law enforcement
Canada - May 4 2023 In R v Love, 2022 ABCA 269 (“Love”), the Alberta Court of Appeal recently upheld a production order requiring a foreign entity to produce data…
La Cour suprême se prononce sur la capacité des provinces à réglementer le cannabis
Canada - May 1 2023 Dans Murray‑Hall c. Québec (Procureur général), 2023 CSC 10, la Cour suprême du Canada a tranché que les provinces ont compétence pour interdire…
The Ontario Court of Appeal Considers The Presumption of Consistent Expression in Contractual Interpretation
Canada - April 17 2023 The Ontario Court of Appeal recently had occasion, in Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., to examine a rarely…
The Limits of Regulator Conduct: Provincial Ministry Liable In Negligence For Prolonged Abattoir Occupation
Canada - March 29 2023 Participants in regulated industries must accept oversight from government regulators. Inspections, investigations, and the possibility of…
Directors may be personally liable to creditors for depleting corporate assets
Canada - March 17 2023 The Ontario Court of Appeal recently held that directors who misuse corporate powers to prejudice creditors may face personal liability. In FNF…
Court of Appeal for Ontario splits over proper approach to voting rights Charter challenge
Canada - March 8 2023 On March 6, 2023, the Court of Appeal for Ontario released a significant Charter decision addressing election spending limits, voting rights and…
Recent Ontario Divisional Court Decision Provides Guidance on the Duty of Procedural Fairness in Academic Institutions
Canada - January 12 2023 Despite the usual deference given to academic decision-making, the Ontario Divisional Court’s recent decision in Ford v University of Ottawa, 2022…
Joint Retainers May be Deemed to have Ended Upon the Start of an Adversarial Relationship
Canada - December 23 2022 In the recent decision of Capital Sports v. Trinity, 2022 ONSC 6128, the Divisional Court has examined the limits of solicitor-client privilege with…
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