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Posts tagged Supreme Court of Canada.

A recent Supreme Court of Canada case highlights the importance of procedural and substantive decisions where restitutionary damages are to be calculated on an aggregate basis. These issues are particularly acute in cases that seek to recover damages from a large scale fraud.

In Christine DeJong Medicine Professional Corp v. DBDC Spadina Ltd., 2019 SCC 30 ...

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Earlier this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 – a case which considered whether insurers can rely on certain exclusion clauses to deny or preclude coverage for environmental contamination and pollution claims.

The two insured entities, West Van Holdings Ltd. and West Van ...

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Posted in Civil Procedure

On June 22, 2017, the Supreme Court of Canada (the "SCC") delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC's prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court from an arbitration ruling in British Columbia, and mandates a ...

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On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown’s duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown’s duty to consult Aboriginal people can be triggered by legislative action.

Background – When Does the Crown Duty ...

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Posted in Constitutional

In its first decision of 2017, the Supreme Court of Canada addressed the likelihood of successful damages claims against quasi-judicial boards pursuant to s. 24 of the Charter. In a 4-4-1 split decision, the Court ultimately dismissed the appeal and struck the appellant’s claim for damages. Given the nature of the split decision, and the fact-specific basis for the ...

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Posted in Privacy

On November 25, 2016, the Supreme Court of Canada (the "SCC") released two decisions that examine the protection of privileged communications before administrative bodies. The cases, which involve the Information and Privacy Commission of Alberta and Quebec's Chamber de l'assurance de dommages, consider the ability of legislation to infringe on the established ...

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Posted in Privacy

On November 17, 2016, the Supreme Court of Canada (the “SCC”) released its decision in Royal Bank of Canada v. Trang, 2016 SCC 50. This case involved the proper interpretation of certain disclosure exceptions in the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 (“PIPEDA”).

Writing for a unanimous court, Justice Côté overturned ...

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Posted in Class Actions

On November 13, 2015, I blogged about the Supreme Court of Canada granting leave to appeal in two related cases: Endean v. British Columbia, 2014 BCCA 61 and Parsons v. Ontario, 2015 ONCA 158.  These cases raised the issue of the scope of inter-jurisdictional coordination for national class actions in Canada by determining whether or not judges of provincial superior courts ...

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On September 9, 2016, the B.C. Supreme Court issued the first decision to consider the court’s new practice directive concerning the often contentious question of whether to permit a trial to be recorded for broadcasting.

In British Columbia, like other provinces in Canada, trials and other court proceedings are not typically recorded for the purpose of media ...

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On February 18, 2016, the Supreme Court of Canada granted Google leave to appeal the decision of the British Columbia Court of Appeal in the case of Google Inc. v. Equustek Solutions Inc., 2015 BCCA 265, a case previously discussed on this blog in October 2014 while it was before the Court of Appeal.  The appeal will have important ramifications for companies seeking to protect ...

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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.

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