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Supreme Court of Canada: “But For” Is The Default Test For Causation in...
In a previous post entitled: “Clear as Mud: The Supreme Court of Canada to Clarify the Law of Causation“, I noted the Supreme Court of Canada’s latest opportunity to clarify the law of causation...
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SCC: Electronic Filing of Memoranda of Argument in Leave Applications
Via the Supreme Court of Canada website (with my annotation in RED): Filed under: appeals, procedure, Supreme Court of Canada
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Duty to Mitigate When Seeking Specific Performance: The Supreme Court’s Catch-22
Catch-22 (Photo credit: Wikipedia) There was only one catch and that was Catch-22, which specified that a concern for one’s own safety in the face of dangers that were real and immediate was the...
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Cherry Picking at the Supreme Court of Canada: R. v. Cole
Today’s decision by the Supreme Court of Canada in R. v. Cole 2012 SCC 53 (S.C.C.) addresses the constitutional scope of the reasonable expectation of privacy based on unreasonable search and seizure...
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UK Supreme Court Rejects Supreme Court of Canada’s Jurisdictional Test for...
The UK Supreme Court has rejected outright the Supreme Court of Canada’s “real and substantial connection” test for recognition and enforcement of foreign default judgments. The UK decision in Rubin v....
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Threats of violence are not protected free speech, Supreme Court of Canada rules
This morning, the Supreme Court of Canada unanimously affirmed the convictions of terrorism under Part II.1 of Criminal Code in R. v. Khawaja - 2012 SCC 69. On the issue of whether the provisions under...
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Supreme Court of Canada grants leave to appeal in Kazemi v. Rep. of Iran...
The Supreme Court of Canada today granted leave to appeal in Estate of the Late Zahra (Ziba) Kazemi et al. v. Islamic Replubic of Iran et al. (Que.) (Civil) (By Leave) (35034) Coram: McLachlin /...
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Issue Estoppel and Police Disciplinary Proceedings: Penner v. Niagara...
The Supreme Court of Canada has just released a significant decision on issue estoppel and police disciplinary proceedings in Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 (SCC). In a...
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Thomson and Van Exan on “Unpacking Pandora’s Box: Consumer Arbitration Law...
Kent E. Thomson and Nicholas Van Exan (Davies Ward Phillips & Vineberg LLP) have posted a working paper entitled: “Unpacking Pandora’s Box: Consumer Arbitration Law after Seidel”. The abstract...
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Tanya J. Monestier, “(Still) a ‘Real and Substantial’ Mess: The Law of...
Tanya J. Monestier (Roger Williams University School of Law) has published “(Still) a ‘Real and Substantial’ Mess: The Law of Jurisdiction in Canada”, Fordham International Law Journal, Vol. 36, p....
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Tanya J. Monestier, “Jurisdiction and the Enforcement of Foreign Judgments”
Tanya J. Monestier (Roger Williams University School of Law) has published “Jurisdiction and the Enforcement of Foreign Judgments”, The Advocates’ Quarterly, Vol. 42, p. 107, 2013/ Roger Williams Univ....
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