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Category Archives: Constitutional

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Craig and Prokofiew — A Tale of Two Cases: The SCC Considers the Precedential Effect of its Obiter Dicta

By Brendan Owen Brammall on Posted in Case Comments, Constitutional, Criminal

As discussed in a previous post, the Supreme Court of Canada, in Canada v. Craig, overruled one of its own precedents, on the basis that there were compelling reasons indicating that the precedent’s interpretation of a provision of the Income Tax Act was incorrect. This interpretation was part of the precedent’s ratio decidendi and not… → Read More

Close, But Not Too Close to Call: Ted Opitz’s Narrow Victories in the Federal Election and the Supreme Court

By Timothy D. Chapman-Smith on Posted in Case Comments, Charter of Rights, Constitutional

Introduction On May 2, 2011, Canadians voted in the 41st federal election. Voters in the riding of Etobicoke Centre elected Ted Opitz to represent them in Parliament. The race was hotly contested. So too was the result. A judicial recount showed that Mr. Opitz won by a plurality of just 26 votes. Boris Wrzesnewskyj, the… → Read More

Order in the Court? The Van Breda Trilogy – Part V – Constitutional Issues

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Constitutional, Features, Media, Procedure, Torts

The constitutionalization of private international law has been one of the major projects of the Supreme Court of Canada since the decision in Morguard. However, the precise relationship between the Constitution, and the “real and substantial connection” test, has yet to be fully defined. In the Van Breda Trilogy, the Supreme Court returned to this… → Read More

SCC Addresses Test for “Federal Undertakings” under the Constitution

By Marc-Andre Russell on Posted in Case Comments, Constitutional, Labour and Employment

When do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? This question arose in Tessier v. Québec (Commission de la santé et sécurité du travail), the Supreme Court of Canada (“SCC”) decision rendered on May 17, 2012. This case differs from those previously decided by the SCC,… → Read More

Order in the Court? The Van Breda Trilogy – Part I – An Overview

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Constitutional, Features, Procedure, Torts

Order in the Court? The Van Breda Trilogy – Part I – An Overview In three cases released on April 18, 2012, the Supreme Court of Canada substantially reformulated the common law principles of private international law. In the coming weeks, Canadian Appeals Monitor will provide in-depth coverage of the Court’s judgments in Van Breda,… → Read More

Set the Controls for the Heart of the Sun: ONCA Allows Securities Act Claims Against Foreign-Listed Issuers in Canadian Solar

By Brandon Kain on Posted in Case Comments, Class Actions, Conflict of Laws, Constitutional, Securities

In a recent judgment that is sure to become a landmark in the growing field of Canadian securities class actions, the Ontario Court of Appeal has confirmed that the statutory cause of action for secondary market misrepresentations can be asserted against issuers whose shares are listed solely on a foreign exchange.  The ruling in Abdula v. Canadian Solar opens… → Read More

B.C. Court of Appeal Considers Extraterritorial Reach of Securities Act

By Brandon Kain on Posted in Administrative, Case Comments, Constitutional, Securities

In an interesting new judgment - Torudag - the British Columbia Court of Appeal has held that the B.C. Securities Commission may assert regulatory jurisdiction over residents of other provinces, who engage in insider trading through a stock exchange in Ontario.  The Torudag Court arrived at this conclusion despite extraterritoriality arguments about the constitutional applicability of the B.C. Securities… → Read More

SCC to Determine Whether an Order to Clean is a Claim under the CCAA

By Marc-Andre Russell on Posted in Bankruptcy and Debt, Case Previews, Constitutional, Energy

On November 16, 2011, the Supreme Court of Canada will hear a case challenging the constitutionality and applicability of several sections of the Companies’ Creditors Arrangement Act (CCAA) to provincial environmental statutes. The province of Newfoundland and Labrador (the “Province”) compels AbitibiBowater Inc. to clean up industrial sites that the company once owned and operated… → Read More

BCCA Asked to Review Advance Costs Made Against Private Litigants in Charter Litigation

By Michael A. Feder on Posted in Case Comments, Charter of Rights, Communications, Constitutional, Procedure

In Dish Network L.L.C. v. Rex, the Supreme Court of British Columbia took the rare step of ordering advance costs in a constitutional challenge. More surprisingly, the court ordered three private litigants to pay 50% of those costs. This case is now headed to the Court of Appeal for British Columbia. Mr. Rex sold satellite… → Read More

SCC to Address Test for “Federal Undertakings” Under the Constitution

By Brandon Kain on Posted in Case Previews, Communications, Constitutional, Labour and Employment, Transportation

When do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867?  The Supreme Court of Canada will answer this question in the Tessier case, for which it recently granted leave to appeal. Decisions Below The appeal comes before the Supreme Court from the ruling of the Quebec Court of Appeal… → Read More