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2020 Reasons Of The Supreme Court Of Canada
The table below lists the decisions (known as reasons) delivered from the bench by the Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ... during 2020. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. Reasons References External links * 2020 decisionsCanLII
{{Supreme Court of Canada Supreme Court of Canada reasons by year * ...
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List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ...
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Sheilah Martin
Sheilah L. Martin is a puisne justice of the Supreme Court of Canada, having served in that role since December 18, 2017. She was nominated to the court by Prime Minister Justin Trudeau on November 29, 2017. Before her appointment to Canada's highest court, Martin had served on the Court of Appeal of Alberta, the Court of Appeal for the Northwest Territories, and the Court of Appeal of Nunavut since 2016, and the Court of King's Bench of Alberta from 2005 to 2016. Martin is considered an expert in judicial ethics. Early life and career Martin was born and raised in Montreal. She earned a Bachelor of Civil Law and a Bachelor of Common Law from McGill University in 1981. She then moved to Alberta to pursue her career. Martin was called to the Alberta Bar in 1989, and has mainly practiced in the province since. Martin earned a Master of Laws from the University of Alberta in 1983. Between 1982 and 1986, she worked as a researcher and law professor at the University of Calgary. ...
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Chandos Construction Ltd V Deloitte Restructuring Inc
is a landmark case of the Supreme Court of Canada concerning the position of the anti-deprivation rule within Canadian insolvency law. It held that, because of differences in Canadian law, the rule has wider application relative to the English rule applied by the UK Supreme Court in '' Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd''. Background Chandos, hired as the general contractor for a condominium project in St. Albert, Alberta, subcontracted Capital Steel to supply steel-related work for it. Before making an assignment in bankruptcy in September 2016, Capital had completed the majority of its work, and Chandos owed it an outstanding balance of $149,618. Chandos had to incur $22,800 of costs on its own account to complete the work, which it was entitled to deduct. The contract also contained another clause, which stated (in relevant part): The amount to be forfeited amounted to $137,330, and Chandos argued that it was entitled to offset this against ...
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Uber Technologies Inc V Heller
''Uber Technologies Inc v Heller'', 2020 SCC 16, is a 2020 decision of the Supreme Court of Canada. The Court held 8–1 that an arbitration clause in a contract the plaintiff David Heller had signed with Uber was unconscionable, and hence unenforceable. As a result, it held that Heller's proposed class action lawsuit against Uber could go forward. Facts David Heller, an Uber Eats driver, claimed the right to be paid the minimum wage of CA$14 an hour, overtime and vacation pay under Ontario's Employment Standards Act along with other colleagues in a class action. To have these rights, Heller and others needed to be classified as "employees". Heller had a standard form contract with Uber, which stated that he was an independent contractor, and that any dispute needed to go to arbitration in the Netherlands, according to the rules of the International Chamber of Commerce. This would have cost around US$14,500. The claims of the class as a whole totalled approximately . Heller argued ...
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R V Zora
''R v Zora'', 2020 SCC 14 is a case in which the Supreme Court of Canada held unanimously that the offence of breaching bail conditions under the ''Criminal Code'' requires subjective ''mens rea''. Background, facts, and procedural history The ''Criminal Code'' defines a number of offences known as administration of justice offences. Such offences concern an accused's behaviour while he or she is involved in the criminal justice system, as opposed to conduct that results in criminal charges in the first instance. ''Zora'' concerns the administration of justice offence of breaching bail conditions: failing to comply with rules the court has set to govern an accused's conduct while the accused is out on bail pending trial. Chaycen Zora had been charged with drug possession under the ''Controlled Drugs and Substances Act'' and was released on bail with several conditions. One of these conditions was that he would answer the door when the police came to check on him. Due to his fai ...
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R V Friesen
''R v Friesen'', 2020 SCC 9 is a major decision by the Supreme Court of Canada on sentencing for sexual offences against children and the principle of parity. The Court held that sentences for offences involving the sexual abuse of children should be increased to reflect contemporary social understanding of the harms associated with such conduct, and Parliament's repeated signals to increase sentences through amendments to the Criminal Code. The court also held that the principle of parity, which requires similar sentences to be imposed for similar conduct, must be read in conjunction with the broader principle of proportionality. Background The defendant in the case, Justyn Friesen, met the 4 year old victim's mother on an online dating website. When the mother invited Friesen to her residence they engaged in consensual sexual intercourse, eventually Friesen told her to bring the victim to the room at which point he sexually assaulted the child. Her cries awoke the mothers fri ...
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Nevsun Resources Ltd V Araya
''Nevsun Resources Ltd v Araya'', 2020 SCC 5 is a landmark case in which the Supreme Court of Canada held, in a 5–4 decision, that a private corporation may be liable under Canadian law for breaches of customary international law committed in other countries. The case concerned human rights violations allegedly committed against workers at an Eritrean mine majority-owned by Nevsun Resources, a Canadian firm. The Supreme Court held that the alleged victims' case against Nevsun could proceed in the courts of British Columbia.''Nevsun'' SCC apara 132 It also established that the act of state doctrine is not recognized in Canadian law. Background Mining and human rights Mining is a significant part of the Canadian economy: approximately 75 percent of the world's mining companies are headquartered in Canada, and 60 percent are listed on the Toronto Stock Exchange. International expansion of the domestic mining industry has been championed by the Canadian government, and one sch ...
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Nicholas Kasirer
Nicholas Kasirer is a puisne justice of the Supreme Court of Canada. He was sworn into office on September 16, 2019. Kasirer was previously a justice with the Quebec Court of Appeal between 2009 and 2019. He is a graduate of the McGill University Faculty of Law, where he served as an editor for the ''McGill Law Journal'', and where he later served as a professor from 1989 to 2009 and dean of the Faculty from 2003 to 2009. He has written more than a dozen books on legal matters and taught classes on the law of obligations, property law, family law, and wills and estates law in both civil and common law. On July 10, 2019, Kasirer was nominated to the Supreme Court of Canada by Prime Minister Justin Trudeau. On August 7, 2019, he was officially appointed to the Supreme Court of Canada effective as of September 16, 2019. Books * Kasirer, Nicholas (2003), ''Le droit civil, avant tout un style?'', Montréal, Les Éditions Themis, Canada. Honorary degrees On September 22, 2012, the ...
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Malcolm Rowe
Malcolm H. Rowe (born 1953) is a Puisne Justice of the Supreme Court of Canada. Rowe is the first judge from Newfoundland and Labrador to sit on the Supreme Court. Early life and education Rowe was born in 1953 in St. John’s, Newfoundland and Labrador, to parents who grew up in the province's small fishing communities. Rowe attended Memorial University of Newfoundland, where he earned a Bachelor of Science and a Bachelor of Arts in political science. He studied at York University's Osgoode Hall Law School from 1975–78 and graduated with a Bachelor of Laws. Career Rowe was called to the bar by the Law Society of Newfoundland and Labrador in 1978 and The Law Society of Upper Canada (Ontario) in 1986. Before becoming a judge, Rowe worked in the Canadian foreign service. He also started his own private practice in Ottawa that focused on Canadian constitutional law, foreign affairs, and arbitration over maritime boundaries. He was an adviser for Progressive Conservative ca ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Russell Brown (judge)
Russell S. Brown (born September 15, 1965) is a Puisne judge, puisne justice of the Supreme Court of Canada. He was nominated by Prime Minister of Canada, Prime Minister Stephen Harper to replace outgoing justice Marshall Rothstein and has been serving in the role since August 31, 2015. Prior to his appointment to the Supreme Court, he was a justice at the Court of Appeal of Alberta, Alberta Court of Appeal, and before that a law professor at the University of Alberta. Early life and education Brown has a Bachelor of Arts degree from the University of British Columbia in 1987 and a Bachelor of Laws degree from the University of Victoria in 1994. He also has a Master of Laws degree in 2003 and a Doctor of Juridical Science degree both from the University of Toronto in 2006. Career Brown was admitted to the Bar of British Columbia in 1995 and to the Bar of Alberta in 2008. Before being appointed a judge he was associate counsel to Miller Thomson LLP and an Associate Professor a ...
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Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner at Osler, Hoskin & Harcourt LLP and previously Stikeman Elliott LLP in Montréal. She is the first woman appointed to the Supreme Court directly from private practice. Early life and education She had wanted to be a lawyer since age 11. While her mother wanted her to become a teacher, as a child Suzanne enjoyed reading about high-profile legal cases. Côté did her legal studies at the Faculté de droit de l'Université Laval. Career While a student, Côté worked at a small law firm in Gaspé. She bought half of her employer's practice. Côté was called to the Bar of Quebec in 1981. She went on to become a partner at Stikeman Elliott LLP in Montréal, and later Osler, Hoskin & Harcourt LLP. At Osler, Hoskin & Harcourt, she over ...
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