Case law canada
Case law canada. Canada Supreme Court Reports. 3 million in damages to Apotex Research Inc (Apotex) arising out Apr 1, 2022 · Employees who are terminated without cause in Canada are entitled to severance. Locate a title in the alphabetical list of sources displayed for that category (e. Criminal Law in Canada uses an integrated case-oriented approach to appeal to students. Hogg, Constitutional Law of Canada (5th ed. 377. Therefore, a wrongful dismissal case is about getting more severance. 2023-11-28. Posted in News. L. Since 2013, Casetext has been making the difference for solo and small practices, Am Law 100 firms, and in-house legal departments. [1] This is the offence under which Mr. Doctors Morgenthaler, Smelling, and Scott run clinics in Toronto to perform abortions for women who do not have the accredited or approved hospital certificate required by criminal law. Legal databases may be restricted to University of Calgary users or to Faculty of Law users. courtroom is believed to be the site of Canada’s first case of artificial intelligence inventing fake legal cases. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards . Tbaytel, 2019 ONCA 197. By contrast, statutes and regulations are written abstractly. e. N/A. The ruling is notable because the court created the Law test, a significant new tool that has since been used by Canadian courts for determining the Nov 3, 2023 · To browse Canadian case law sources within Nexis Uni: 1. 179. Mar 5, 2024 · There are many different types of torts under the common law in Canada: negligence. Duplessis, 1959 CanLII 50 (SCC), [1959] S. , Ontario Reports) 4. v. 23. Google, a 2017 Supreme Court of Canada case that considered the validity of an injunction requiring Google to remove search results on an international basis, attracted global attention from the Internet law community. Feb 26, 1993 · Cox, supra, at p. W. Intellectual property name/reference name. Case reporters on international law are shelved in the stacks on the first floor and can be located by call number. 39108. 1. , 11. psychologicalsafetyfirst@gmail. 2018 CanLIIDocs 161. 2021: November 2; 2022: April 8. 320. Mar 10, 2015 · Ryan Smith is an associate in the Edmonton office of Miller Thomson. Court File Number. Introduction. Leslie Frank Smoking, and Dr. 13 January 2021. For cases from the United States, use the abbreviations Lexis and WL. Cases from the federal and provincial courts in all the jurisdictions of Canada as well as Canadian cases from different topics including criminal, insolvency, family and many more. In Canada these powers are vested constitutionally in the Crown, represented by the governor general and the provincial lieutenant-governors. The amount of severance a terminated employee is entitled to is discussed here . 47). It was created in 1875. Name of Corporation. Provides links to case law, as well as case-related services and information available mainly from the websites of Canadian courts and administrative tribunals. However, it can be difficult on CanLII to figure out if a case has been “overturned”. Feb 7, 2006 · Although it is not as important as statutes or case law, royal prerogative (see Prerogative Powers) does constitute a source of law. Neufeld’s views bigoted, transphobic, and hateful; accused him of undermining safety and inclusivity for transgender and other 2SLGBTQ+ students in schools; and questioned whether he was suitable to hold elected office. M. Labour Arbitration Awards. , 2018 ONCA 571. 22; D. The following example is for a case reported in the Dominion Law Reports, a print case law reporter that publishes cases from across Canada. The federal government drafted a law recognizing the right of same-sex couples to civil marriage across Canada. Subsection 6(2) gives all Canadian citizens and permanent residents the right to move to and live in any province or territory. Feb 6, 2015 · 15. CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. Henry Morgentaler, Dr. Canadian Legal Information Institute (CanLII) [ Search] full text decisions from many courts, federal and provincial, arranged by jurisdiction (Federation of Law Societies of Canada) Canadian Native Law Cases Dec 1, 2021 · UFCW, Canada Local 333 and Paragon Protection Ltd. 11, at p. How much sway case law holds may vary by jurisdiction, and by Authoritative content on an intuitive platform. However, as none of these apply, Law would have to wait until she is 65 to May 13, 2023 · Promotes efficiency and uniformity and improves the quality of judicial service in superior courts and in the Tax Court of Canada. with the authors. Jan 10, 2018 · McLachlin CJ, writing for the majority, allowed Mr. A B. Criminal Law in Canada is a core introductory text intended to give students the practical understanding of criminal law that they require to become successful criminal justice system practitioners. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. (2016): In this case, the Supreme Court clarified the protection against unjust dismissal for federally regulated employees. Subscribe to the resources most relevant to your practice. General principles - Defences - Common law - Entrapment - Agents provocateur - The Supreme Court of Canada held that the identity of a police informant must be revealed, if the informant acted as an agent provocateur, but noted that the accused must establish an evidentiary base for the defence of entrapment - See paragraphs 40, 42-44. 2, at p. (780) 965-7480. Access all information related to judgment R. In January 2019, the Ontario Court of Appeal upheld a trial judge's award of C$8. Apr 16, 2024 · This guide provides links to case law, as well as case-related services and information available mainly from the websites of Canadian courts and administrative tribunals. In 2003, the government submitted questions to the Supreme Court to determine whether the law was constitutional, violated the Charter and impacted religious freedom. 358 top of page see "citation" bullet). The ruling is notable because the court created the Law test, a significant new tool that has since been used by Canadian courts for determining the Jul 7, 2023 · In a recent case the Court of King’s Bench in the province of Saskatchewan heard that a grain buyer with South West Terminal sent a mass text message to clients in March 2021, advertising that Dean Michael P. Jan 5, 2024 · Issuance. However, under the new law, the nature and degree of the threat may impact differently upon the determination of whether the accused genuinely responded with a defensive purpose (under paragraph 34(1)(b e. Indictable offences, which are more serious and include theft, break and enter, and murder. i Apotex v. MBLA. This is a free database of thousands of court cases in Canada through time. These different types can be the basis of personal injuries claims by the offended party under the tort law in Canada, depending on the facts and circumstances of each case. It is an instrument for the economic exchange of goods and services. economic torts. Oct 21, 2021 · Supreme Court of Canada Decision: Torts, Negligence. Comprehensive coverage of primary law for over 20 jurisdictions and selected coverage for 100+ countries, as well as vetted May 2, 2024 · Canada: Internet Sources Cited in SCC Judgments (1998 – 2016) Free resource. , that the person subjectively expected it would be private and that this expectation was objectively Jan 2, 2019 · 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. His main area of focus is labour and employment law. Fedoruk, 1950 CanLII 24 (SCC), [1950] S. , D. In Canada, contract law is administered both in common law and, in Quebec, civil law. The latter is a bit foggier as they are not codified in the same way that the Criminal Code of Canada codifies powers. The Court held him liable for damages, his conduct having been characterized as malicious by Justice Rand in his Oct 21, 2021 · Over the years, courts in Canada have developed a body of negligence law recognizing categories of cases in which a duty of care has previously been established (Cooper, at para. Scharf, President of the Canada-United States Law Institute, Dean of Case Western Reserve University School of Law 9:00 a. on appeal from the court of appeal for ontario. The court ruled that non-unionized employees who believe they were terminated without just cause can seek reinstatement. Jun 30, 2023 · In Canadian common law jurisdictions, the key Supreme Court of Canada (SCC) cases that discuss defamation claims are Hill v Church of Scientology of Toronto [1995] 2 SCR 1130 and Grant v Torstar Jan 23, 2024 · Rumina Daya reports – Jan 23, 2024. Case Brief. The Crown also has the prerogative to pardon those convicted of crime. Until the Supreme Court of Canada reaches another verdict, the law and cases discussed below remain applicable, particularly Nov 4, 2019 · Recent case law. There are two types: Summary conviction offences, which are the most minor cases, for example causing a disturbance; and. The Crown prerogative plays a vital role in Canada's system of government, enabling the executive to perform its important duties in Jun 4, 2021 · There is a trend in family law away from an adversarial culture of litigation to a culture of negotiation (see, e. intentional torts. com. C. On the Sources page, go to Narrow By > Category (left side) and select Cases-Canada. Edited by Melanie Bueckert, André Clair, Maryvon Côté, Yasmin Khan, and Mandy Ostick, based on work by Catherine Best, 2018. Apr 28, 2016 · The term case law refers to law that comes from decisions made by judges in previous cases. Related Cases. 1-3) R v Feeney, [1997] 2 S. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in the province of Quebec where private law is derived from French civil law). With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front May 22, 2020 · Aviva Insurance Company of Canada [2020 ABCA 166]. Until the Supreme Court of Canada reaches another verdict, the law and cases discussed below remain applicable, particularly R v Sharpe, 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada. This is sometimes called clinician-administered medical assistance in dying. 2000 -. Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. (" Paragon ") , was released on November 9, 2021. Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S. The Supreme Court of Canada is the highest appeals body in Canada’s judicial system. (paras. Current Issue: Volume 47, Issue 1 (2023) Sep 12, 2022 · This tool allows users to search electronic records of Court files by: Last name of person. 471, at paras News. [ 5] Mr. College of Physicians & Surgeons of Manitoba Discipline Committee. Rather, these powers can be found in case law. Apr 30, 2021 · The rule of law requires equality before the law. Ryan has a broad practice, working in the areas of health, administrative law and oil and gas. ), vol. The Canadian Legal Research and Writing Guide is based on The Best Guide to Canadian Legal Research, An online legal research guide written and published by Catherine Best, which she started in 1998. Also included are links to CanLII (Canadian Legal Information Institute), a free service providing a collection of Canadian primary legal materials on the Internet. Case law concerns unique disputes resolved by courts using the concrete facts of a case. The Supreme Court of Canada released the following decision 2021-10-21: Nelson (City) v. Sowter, “Advocacy in Non-Adversarial Family Law: A Law was 30 when her husband died, was in good health and had no dependent children. The Court held that the police are not permitted to enter into someone's house without a search warrant . , that the person subjectively expected it would be private and that this expectation was objectively Aug 15, 2022 · Case Name, print reporter citation, database identifier, + jurisdiction and other citation elements if relevant. McLachlin CJ spoke of the application of section 8 of the Charter as follows: “To claim s. IV. Roper Greyell LLP – Employment and Labour Lawyers. In 2012, the Supreme Court of Canada (SCC) held that the criminal law imposes a duty on a person to disclose HIV positive status before sexual activity that poses a “realistic possibility of transmission” so that the HIV negative sexual partner has the opportunity to choose whether to assume the risk of being infected with HIV. 41; Childs v. Even in the common law of unconscionability, however, the goal of requiring disclosure between contracting parties is to prevent one party from misleading the Nov 3, 2023 · Nexis Uni - to search Canadian cases, select Advanced Search > select Cases-Canada from the Select a specific content type drop-down menu > search for terms, case name, citation, summary, date, jurisdiction, judge, counsel, headnotes and/or docket number. Jan 9, 2020 · Posted on January 9, 2020. This decision was another negative result for the insurer this time involving a multi-peril policy of insurance. "Recognizing that web pages or websites that the Court cites in its judgments may subsequently vary in content or be discontinued, the Office of the Registrar of the SCC has located and archived the content of most online sources that had been cited by the Court Apr 14, 2022 · If there is a mistake of law, it makes no difference whether the mistake involves a non‑existent offence, or an existing offence that could not be engaged on the facts, even if true, relied on by the officer. Atomic Energy of Canada Ltd. case law. It's like having an associate lawyer ready to take on an endless number of delegated tasks and deliver it all in minutes. The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under section 2 of the Canadian Charter of Rights and Freedoms; holding, that while general prohibition of child pornography was constitutional, there were some Apr 1, 2022 · Employees who are terminated without cause in Canada are entitled to severance. R. Fam. May 13, 2023 · Promotes efficiency and uniformity and improves the quality of judicial service in superior courts and in the Tax Court of Canada. Canada (Attorney General), 2011 SCC 53, [2011] 3 S. Jan 23, 2024 · Rumina Daya reports – Jan 23, 2024. It decides cases on appeal from the provincial and territorial Courts of Appeal, from the Federal Court of Appeal and from the Court Martial Appeal Apr 26, 2024 · When you access a case, have a look at the tab options on the top next to where it says "Powered by KeyCite". Subsection 4 of s. The research guide of the Great Library, Law Society of Upper Canada. They are prepared by communications staff of the Supreme Court of Canada and do not form part of the Court’s reasons for judgment. Regardless of the nature or extent of the threat that a person perceives, the same test governs this first element of the defence in all cases. This decision significantly expanded the rights of federally Feb 7, 2006 · System of Precedents and Appeals. See a list of other commonly cited reporters in the box to the left. Neufeld sued for defamation. The Court held him liable for damages, his conduct having been characterized as malicious by Justice Rand in his Mar 27, 2020 · Solicitor for the respondent: Attorney General of British Columbia, Vancouver. Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. Rely on the most up-to-date and organized collections of case law, statutes, rules, and regulations, all maintained by expert legal editors and integrated with the powerful interface of Westlaw Canada. Your LinkedIn Connections. Equustek Solutions v. Mr. g. The corollary is also true: when Parliament rejects established language and instead creates new terms, it intends new meaning (Canada (Canadian Human Rights Commission) v. 121, our Court enforced this principle against the head of a provincial government — a premier. First Resort (Lancaster House) - contains articles and full-text cases dealing with labour Aug 4, 2023 · Contains Canadian Criminal Cases, Dominion Law Reports, Labour Arbitration Cases, as well as a comprehensive collection of unreported decisions. 15; Mustapha v. Desormeaux, 2006 SCC 18, [2006] 1 S. Method 1: a physician or nurse practitioner directly administers a substance that causes death, such as an injection of a drug. J. It is the final arbiter of law in a court system based primarily on common law (using judicial precedent) and on respect for the rule of stare decisis — the notion that courts of appeal may modify or overturn lower court decisions, to ensure there is uniform application of 2018 CanLIIDocs 161. Cases in Brief are short summaries of the Court’s written decisions in reader-friendly language. m. It is a well-established part of Canada's constitution, and fits comfortably into Canada's system of responsible government. Google: Global Takedowns Come to Canada. Present: Wagner C. Canadian, American, UK, and Commonwealth case reporters are in the Primary Sources Room on the main floor (2nd floor) of the library. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the Canadian Charter of Rights and Freedoms against unreasonable search and seizure. 2. 3. As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike. 43-6). Westlaw Canada Source products allow Apr 8, 2022 · 2022 SCC 11. Canadian law. Last Edited October 30, 2020. Jul 31, 2023 · The law library also has an extensive print collection of case reporters. Marakah's appeal. Infection of IT systems with malware (including ransomware, spyware, worms, trojans and viruses) Yes. 5 days ago · Law Society of British Columbia: 2003 - 2024-05-09 934: BCORL: Office of the Registrar of Lobbyists: 2012 - 2024-04-11 99: BCREC: Real Estate Council of British Columbia: 2007 - 2021 2021-09-30 1,285: BCRMB: Registrar of Mortgage Brokers: 2020 - 2024-03-14 20: BCSTAB: Skilled Trades BC Appeal Board: 2006 - 2023-02-21 3: BCSFI: Superintendent of Sep 21, 2023 · This guide is intended to help researchers locate cases and decisions. Lamer C. 643, at para. The search tool provides information about each Court file as recorded by the Registry: Court File Number. Feb 29, 2024 · Introduction. May 12, 2023 · In the unconscionability context, this Court has recognized a general duty to make full and frank disclosure of all relevant financial information in family law cases (Rick, at para. Supreme Court of Canada judgments since 1876 and applications for leave since 2005. When Parliament employs accepted language it is thought to have chosen to carry that meaning forward. Relied on by 10,000+ law firms. IBM Canada Ltd. CoCounsel is an outstanding product. 4, p. J. 2024-04-11. : 39416. (b) will leave Canada by the end of the period authorized for their stay under Division 2; The following are examples of how IRPR s. The most common abbreviations for electronic case law services in Canada include: CanLII, QL for LexisNexis Quicklaw, and WL Can for WestlawNext Canada. Wrongful dismissal is when an employer terminates an employee without providing them with enough severance. Therefore, finding cases is essential to finding out what the law is on a particular issue. Under the common law principles of stare decisis, a court must follow the decisions in previous cases on the same legal topic. Full-text case law and digested case summaries from the Canadian Abridgment can be found quickly and easily. May 1, 2024 · Case Published in a Reporter (APA Publication Manual 7th ed. Lawyers Lorne and Fraser MacLean Relied on by 10,000+ law firms. Criminal offences are set out in the Criminal Code or in other federal laws. The case ran through much of the decade Nov 14, 2023 · Under section 20 (4) of CASL, any person who contravenes CASL may be subject to a maximum administrative monetary penalty of up to $1 million in the case of an individual, and up to $10 million in the case of any other person. The tabs found above will open pages that provide links to sources for Canadian Federal as well as Alberta and the other provinces and territories case law. The Canada Pension Plan supplies pension money to spouses of those who have died on some conditions – either being over 45 at the time of death, being disabled, or having dependent children guarantees that you will receive benefits. Nordion (Canada) Inc. 249 was repealed and replaced by s. 1118, there was also at common law a right to enter in the case of a "constable following an offender running away from an affray". Aug 15, 2022 · Case Name, print reporter citation, database identifier, + jurisdiction and other citation elements if relevant. 114, at para. Constitutional law — Charter of Rights — Search and seizure — Search incident to arrest — Police arresting accused in basement Linda Crockett. 5). 13 (3) of the Code as of December 18, 2018. , vol. It also includes CLB's case summary services & a note-up citator feature. In 1949 it became the final court of appeal in Canada for both criminal and civil cases. Case law, also known as “ common law ,” and “case precedent ,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case. Learn more: Legislation in Canada. May 19, 2023 · Hansman called Mr. Martinson and M. News. The Court’s conclusion in the civil cases of Frey v. The decision in UFCW, Canada Local 333 and Paragon Protection Ltd. 517, and Kosoian v. Chung, 2020 SCC 8 (CanLII), [2020] 1 SCR 405 on Feb 22, 2024 · Canada's Court Hierarchy. This situation is also mentioned in Halsbury's Laws of England, 3rd ed. The issue in this case was whether damage to the structural integrity of the Condo's parkade, resulting from faulty work of contractors, was covered under the Policy. Apr 14, 2023 · Wilson v. Whether relevant city decision was core policy decision immune from negligence liability. Every law student and practicing attorney must be able to find, read, analyze, and interpret case law. Click for articles, research papers, case law, legal resources related to on the job bullying or workplace harassment, or for information for children on bullying. predominantly on case law from the Supreme Court of Canada; it is effectively limited to the jurisdiction of Canada and does not address developments made in the UK after Hedley Byrne or in any other jurisdiction. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. It does not have every decision ever made in Canada, but for most legal research it is a great resource. Colistro v. Law v Canada (Minister of Employment and Immigration), [1999] 1 SCR 497 is a leading Supreme Court of Canada decision on section 15 of the Canadian Charter of Rights and Freedoms. 2(b) (see P. Jan 13, 2021 · Leading Labour And Workplace Law Cases Of 2020. Ryan can be reached at (780) 429-9734 or [email protected]. Amberber v. There are also paid databases, such as Quicklaw and Westlaw. Dec 12, 2021 · Case Name: Dr. For example, looking at case law as per R v College of Physicians & Surgeons of Manitoba Discipline Committee. Culligan of Canada Ltd. The person charged with a criminal offence is called Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. by Melissa Dhillon and James Kondopulos. Name of Ship. 93. File No. An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national. Iacobucci J. It discusses the general principles underlying Canadian criminal law in the context of specific cases decided Oct 29, 2019 · First, in the form of statute powers which are codified in the Criminal Code of Canada, and second, in the form of common law powers. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. October 21, 2021. 10, at p. Founded in 1974, the Canada-United States Law Journal was the first academic law journal dedicated to the exploration of the complex trade relationship between Canada and the United States. Robert Scott v Her Majesty The Queen. Lawyers Lorne and Fraser MacLean May 23, 2018 · The criminal law does not require disclosure of HIV in every case. The Crown prerogative is a source of executive power and privilege. 354: If an affray occurs in the presence of a constable, and the offenders run away and are immediately Apr 3, 2024 · Canadian cases including reported and unreported decisions from both federal and provincial courts. Jackson, “Family Violence and Evolving Judicial Roles: Judges as Equality Guardians in Family Law Cases” (2017), 30 Can. A contract is a legally binding agreement between two or more persons for a particular purpose. In the seminal case of Roncarelli v. Oct 4, 2019 · 53 — that the analysis is different in the case of rights that are guaranteed by the Charter in unqualified language, such as the right to freedom of expression under s. Go to the Menu drop-down list (top left) and select All Sources. Extradition laws place some limits on these rights; these laws state that persons in Canada who face criminal charges or punishment in another country may be ordered to return to that country. CanLII's goal is to make Canadian law accessible for free on the Internet. Canada's highest court is the Supreme Court of Canada. Court judgments and tribunal decisions from all Canadian jurisdictions. 179 may be applied to individual applications. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Chung was charged in 2015. 8 protection, a claimant must first establish a reasonable expectation of privacy in the subject matter of the search, i. Marchi, 2021 SCC 41; File no. strict liability. Distinguished Welcome and Remarks Introduction: The Honorable James Blanchard, Co-Chair of the CUSLI Executive Committee, Senior Counsel at DLA Piper, formerly Governor of Michigan, United States Lamer C. Supp. Canadian Legal Information Institute (CanLII) [ Search] full text decisions from many courts, federal and provincial, arranged by jurisdiction (Federation of Law Societies of Canada) Canadian Native Law Cases Feb 6, 2012 · Published Online February 6, 2012. Case law, also used interchangeably with common law, refers to the Dec 19, 2019 · 3. This case dealt with a policy grievance filed by the union against a security company, Paragon, regarding its COVID-19 vaccination policy. Legal recognition of same-sex marriage. There are 2 methods of medical assistance in dying available in Canada. , 2008 SCC 27, [2008] 2 S. ta dt qv fo jv nh hj rl zu yg