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TheCourt.ca TheCourt.ca is an initiative of Osgoode Hall Law School where students, scholars, and practitioners analyze recent Supreme Court of Canada jurisprudence.

An initiative of Osgoode Hall Law School, The Court is a site where scholars, practitioners and other interested citizens can discuss the recent work of the Supreme Court of Canada. Student editors, under the direction of a faculty supervisor, solicit and write brief comments or informative notes about cases that the Supreme Court is scheduled to hear or has decided within the last two years or so

. As well, we publish commentary about other aspects of the Supreme Court. Readers are invited to submit responses to the commentary, engendering a lively exchange about current issues facing the SCC. We also encourage interested readers to apply to become “Friends of The Court” and submit commentary for publication. In addition to the central blogging aspect, The Court offers resources about the Supreme Court and aims to become the premier online location for information about Canada’s highest court. We are constantly improving our collection and welcome suggestions and offers of relevant material.

The Supreme Court is set to consider the causal distinction between the offences of attempted murder and aiding su***de ...
01/21/2025

The Supreme Court is set to consider the causal distinction between the offences of attempted murder and aiding su***de in R v BF.

Read more in Gavriel Kesik-Libin's latest article:

The Supreme Court is set to consider the differences in causation between the offences of attempted murder and aiding su***de in R v BF.

In Mohawk Council of Kanesatake v. Sylvestre, the Supreme Court of Canada will decide whether the right to seize band pr...
11/06/2024

In Mohawk Council of Kanesatake v. Sylvestre, the Supreme Court of Canada will decide whether the right to seize band property to satisfy a judgment has been extinguished and clarify what should be considered "on a reserve" for the purposes of the Indian Act.

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Quebec Court of Appeal (“QCCA”) on where the prescription period for the creditor’s right to...

In R v Hodgson, the SCC clarifies the scope of the Crown’s limited right to appeal acquittals and, in doing so, reiterat...
11/02/2024

In R v Hodgson, the SCC clarifies the scope of the Crown’s limited right to appeal acquittals and, in doing so, reiterates the distinct duties assigned to trial judges as triers of fact and the limitations of appellate courts.

The SCC clarifies the Crown's limited right to appeal acquittals and reiterates the distinct duties assigned to trial judges as triers of fact

In R v Charles, the SCC clarified the requirements for using corroborative evidence to establish the reliability of hear...
10/31/2024

In R v Charles, the SCC clarified the requirements for using corroborative evidence to establish the reliability of hearsay evidence under the principled exception.

The SCC has clarified the requirements for using corroborative evidence to establish the reliability of hearsay evidence.

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada ruled that disgorgement orders, but ...
10/24/2024

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada ruled that disgorgement orders, but not administrative fines, can survive discharge under the Bankruptcy and Insolvency Act.

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions of the Bankruptcy and Insolvency Act.

The Supreme Court of Canada has recently clarified the jurisdictional boundaries between the Tax Court and the Federal C...
10/22/2024

The Supreme Court of Canada has recently clarified the jurisdictional boundaries between the Tax Court and the Federal Court through its decisions in Iris Technologies Inc. v. A.G. of Canada and Dow Chemical Canada ULC v. The King.

Read more in Kyle Smyth's latest article:

Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to ta...

In its review of the Information and Privacy Commissioner of Ontario, the SCC clarifies the limits of freedom of informa...
10/20/2024

In its review of the Information and Privacy Commissioner of Ontario, the SCC clarifies the limits of freedom of information legislation and the importance of Cabinet secrecy.

Read more in Alain's latest article:

The SCC rules on the disclosure of mandate letters in its review of the Information and Privacy Commissioner of Ontario (IPC).

The SCC is set to review the patentability of pharmaceutical dosage regimens, including the test for unpatentable “metho...
10/17/2024

The SCC is set to review the patentability of pharmaceutical dosage regimens, including the test for unpatentable “methods of medical treatment.” In Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, the FCA found that fixed dosages and schedules were patentable because they did not interfere with a physician's exercise of skill and judgment.

Read more in John Nyman's latest article:

The SCC will review the patentability of pharmaceutical dosage regimens, including the test for unpatentable "methods of medical treatment."

In R v Kruk, the SCC held that trial judges can permissibly rely on common-sense generalizations about human behaviour i...
10/17/2024

In R v Kruk, the SCC held that trial judges can permissibly rely on common-sense generalizations about human behaviour in conducting credibility assessments, and reaffirmed the standard of appellate review on findings of credibility.

Read more in Gavriel Kesik-Libin's article:

The SCC has held that trial judges can rely on common-sense generalizations about human behaviour in conducting credibility assessments.

The ONCA has reiterated that Ontario courts will not reward police carelessness where the right to counsel is denied alt...
03/27/2024

The ONCA has reiterated that Ontario courts will not reward police carelessness where the right to counsel is denied altogether.

Adam Wyville explores the recent decision in R v Whittaker and the expanding frontiers of s. 10(b)-protected interests:

The ONCA has reiterated that denying access to counsel can single-handedly prompt a court to exclude evidence under s.24(2) of the Charter.

The SCC in Yatar confirms that a right of appeal may replace judicial review, but it does not signal intent to preclude ...
03/25/2024

The SCC in Yatar confirms that a right of appeal may replace judicial review, but it does not signal intent to preclude it. Where the appeal right is restricted to questions of law, judicial review remains open for questions of fact or mixed fact and law.

A right of appeal may replace judicial review, but it does not signal legislative intent to preclude it. Where the appeal right is restricted to questions of law, judicial review remains open for questions of fact or mixed fact and law.

The SCC is set to hear an appeal out of SKCA on an ongoing Métis land claim brought forth through a judicial review appl...
03/19/2024

The SCC is set to hear an appeal out of SKCA on an ongoing Métis land claim brought forth through a judicial review application.

The SCC is set to hear an appeal out of SKCA on an ongoing Métis land claim brought forth through a judicial review application.

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TheCourt.ca is an initiative of Osgoode Hall Law School where JD students, scholars, and practitioners analyze recent Supreme Court of Canada jurisprudence and affairs. Staff of TheCourt were honoured to received the Clawbies award for Best Legal Blog in 2016. Student Contributors, under the direction of an Osgoode faculty supervisor, contribute commentary about cases that the Supreme Court is scheduled to hear or has decided within the last two years. We also publish commentary about other aspects of the Supreme Court, including recent judicial appointments. Readers are invited to submit responses to the commentary, engendering a lively exchange about current issues facing the SCC. We also encourage interested readers to apply to become “Friends of The Court” and submit commentary for publication.