Information About Canadian Appeals Monitor
Below is a preview of the five most recent posts from the blog Canadian Appeals Monitor. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Supreme Court of Canada affirms the importance of protecting “counter-speech”
In Hansman v. Neufeld, the Supreme Court of Canada recognized a weighty public interest in protecting “counter-speech” by those who advocate for 2SLGBTQI+ equality. In doing so, the Court rendered a historic judgment that affirms the importance of protecting the dignity and equality of trans individ … Read more »
- In criminal cases, only “manifestly frivolous” applications may be summarily dismissed: Supreme Court of Canada
A unanimous Supreme Court of Canada has held that an attempt by the Crown to have an application by an accused summarily dismissed may only succeed if the Crown establishes the underlying application is “manifestly frivolous”. In R. v. Haevischer, 2023 SCC 11, Justice Martin, writing for the whole … Read more »
- McCarthy Tetrault’s Canadian Class Actions Monitor reports on Jensen v Samsung Electronics Co. Ltd.
Canadian courts are increasingly tilting against simply accepting a plaintiff‘s pleading at face value at certification, instead ensuring that plaintiffs’ allegations are a fair representation of the underlying evidence they rely on. Courts have historically walked a delicate balance to ensure they … Read more »
- Appellate Quarterly 05/02/2023 – Key Takeaways
On May 2, 2023, McCarthy Tétrault’s National Appellate Litigation Group hosted our fourth Appellate Quarterly webinar, featuring five recent appeals that may impact the Canadian business community. Partners Kara Smyth, Byron Shaw, Sarah Woods, James S.S. Holtom, and Adam Goldenberg discussed these a … Read more »
- Canadian case law trending to compel production of data by foreign corporations to Canadian law enforcement
In R v Love, 2022 ABCA 269 (“Love”), the Alberta Court of Appeal recently upheld a production order requiring a foreign entity to produce data located outside of Canada to Canadian law enforcement. Love confirms that Canadian courts will likely continue to require foreign entities to comply with law … Read more »