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Recent Posts
Below is a preview of the five most recent posts from the blog The Court. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- MacDonald v. Canada: Clarity to the Taxation of Derivative Contracts
Taxpayers try to characterize their expenses, gains, and losses in a way that benefits them. Thus, the characterization of expenses, gains, or losses as on account income or capital has always been a major theme of tax law disputes. One such dispute was addressed in MacDonald v. Canada, 2020 SCC 6 [ … Read more »
- Appeal Watch: Jurisdictional Questions between Human Rights Tribunals and Labour Arbitrators
The question of overlapping jurisdiction between a human rights tribunal and a labour arbitrator on a complaint of discrimination is set to reach the Supreme Court of Canada (“SCC”), following the granting of a leave to appeal for Northern Regional Health Authority v Manitoba Human Rights Commissio … Read more »
- R v KGK: Judicial Deliberation Time and s. 11(b) Considerations
In R v Jordan, 2016 SCC 27 [Jordan], the Supreme Court of Canada (“SCC” or “the Court”) addressed the culture of complacency towards delays in the criminal justice system. These delays were said to run afoul to s. 11(b) of the Charter of Rights and Freedoms [Charter], which provides: “Any person cha … Read more »
- Atlantic Lottery v Babstock: SCC to Rule on Waiver of Tort Class Action
The Supreme Court of Canada (“SCC”) recently heard oral arguments on the appeal between Atlantic Lottery Corporation Inc., et al. v Douglas Babstock, et al, 2018 NLCA 71. This class action provides Canada’s highest court with the opportunity to clarify whether a waiver of tort claim can constitute a … Read more »