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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!
- 9254-9186 Quebec inc. v. Callidus Capital Corp. (“Bluberi”): Affirming Judicial Discretion and Litigation Funding in Insolvency
Introduction Insolvency judgements from Canada’s highest court are relatively rare. The Supreme Court of Canada (“SCC”) has decided only six since 2015. The most recent of these decisions, 9254-9186 Quebec inc. v. Callidus Capital Corp., 2020 SCC 10 [Bluberi], is not only rare, but also timely. The … Read more »
- What is the Matter? The Appeal Courts’ Error in Characterizing the Greenhouse Gas Pollution Pricing Act
The Ontario, Saskatchewan, and Alberta Courts of Appeal disagree about the application of the national concern branch of the federal peace, order, and good government (“POGG”) power. This disagreement can be resolved through a proper characterization of the purpose of the Greenhouse Gas Pollution Pr … Read more »
- 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 »