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The Supreme Court Confirms the Principle of Employee Protection in Quebec:...

The decision in Quebec (Commission des normes du travail) v Asphalte Desjardins inc., 2014 SCC 51, demonstrates the Supreme Court of Canada’s support for employee protection while leaving an unclear...

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7UP for Your Rights: Thibodeau v Air Canada

In what has been dubbed “the 7UP case,” a majority of the Supreme Court of Canada (“SCC”) has ruled in Thibodeau v Air Canada, 2014 SCC 67, that Michel and Lynda Thibodeau are not entitled to a damage...

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Gyorffy v Drury: Big Win or Big Chill for Plaintiffs?

Writing for the Ontario Court of Appeal (“ONCA”) in Gyorffy v Drury, 2015 ONCA 31, Justice Laskin upheld an award of non-pecuniary damages for injuries arising from a motor vehicle accident (“MVA”)....

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The Mainville Appointment and Historical Interpretation: Reference re Section...

Rocco Galati’s streak of successful judicial appointment challenges has come to an end. The Quebec Court of Appeal’s (“QCCA”) decision in Reference re Section 98 of the Constitution Act, 1867, 2014...

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The Sarnia Working Agreement Six Decades Later: EllisDon Corporation v...

In EllisDon Corporation v Ontario Sheet Metal Workers’ and Roofers’ Conference and International Brotherhood of Electrical Workers, Local 586, 2014 ONCA 801, the Ontario Court of Appeal (“ONCA”)...

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Human Sperm to Constitute Legal Property: Lam v University of British Columbia

On January 6, 2015, the British Columbia Court of Appeal (“BCCA”) delivered a judgment upholding a trial judge’s decision to consider human sperm to be “property” for the purposes of provincial...

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The Paradox of Certainty: Retrospective Application of New Self-Defence...

Courts have often struggled to interpret the application of newly enacted law on events that occurred prior to the law’s enactment. The British Columbia Court of Appeal (“BCCA”) tackled the...

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Religious organization oppressed its members: Sandhu v Siri Guru Nanak Sikh...

A landmark decision of the Alberta Court of Appeal (“ABCA”) in Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101 [Sandhu], extends an oppression remedy outside of the corporate context...

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Wilson v British Columbia: A Clear-Cut Ruling to Save Lives

Throughout the years, various offences have been enacted, both in the Criminal Code and under provincial regulation, to deal with a matter of grave public apprehension in Canada: impaired driving. One...

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Crouch v Snell or: How Adults Ruined It for the Kids

The tragic suicide of Rahtaeh Parsons as a result of relentless cyber-bullying in 2013 elicited the sympathy and concern of not just Canadians but also the international community. Only three weeks...

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