2019 Reasons Of The Supreme Court Of Canada
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2019 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 during 2019. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. Reasons References External links * 2019 decisionsCanLIILexUM
{{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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Canada (Minister Of Citizenship And Immigration) V Vavilov
''Canada (Minister of Citizenship and Immigration) v Vavilov'', 2019 SCC 65, is a landmark decision of the Supreme Court of Canada that clarified the determination and application of standard of review in Canadian administrative law. ''Vavilov'' established a presumption that reasonableness is the applicable standard of review of administrative decisions in all cases. The case concerned the review of the Canadian Registrar of Citizenship's decision to cancel Alexander Vavilov's citizenship certificate on the basis of his parents' identity as covert Russian agents, based on an interpretation of s. 3(2)(a) of the Citizenship Act. The Supreme Court of Canada affirmed the Federal Court of Appeal's decision to quash the Canadian Registrar of Citizenship's decision, on the basis that it was unreasonable. Facts ''Vavilov'' concerns the proper interpretation of a provision of the ''Citizenship Act'' as applied to Alexander Vavilov. Vavilov was born in Toronto to parents, who it later t ...
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Kosoian V Société De Transport De Montréal
''Kosoian v Société de transport de Montréal'', 2019 SCC 59 (colloquially referred to as The Escalator Handrail Case) is a decision of the Supreme Court of Canada on the public law immunity of police officers and public bodies. The Court unanimously held that police officers who enforced non-existent laws did not enjoy civil or criminal immunity over their actions. The case arose when a woman refused to comply with a pictogram directing her to hold the handrail of an escalator. She was ordered to comply by an officer who believed, and had been taught, (wrongly) that the pictogram represented a by-law. After she refused multiple demands, the officer arrested her. Background On May 13, 2009, Bela Kosoian, a 38-year-old student of the Université du Québec à Montréal entered Montmorency Metro station in Laval on her way to attend class. As she began descending the escalator, she began rummaging through her bag for money to the buy a ticket. An officer who was assigned to ...
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Desgagnés Transport Inc V Wärtsilä Canada Inc
is a major Canadian constitutional law ruling by the Supreme Court of Canada concerning the interplay of federal and provincial jurisdictions under the ''Constitution Act, 1867''. Background In October 2006, Desgagnés Transport (a subsidiary of Groupe Desgagnés, and hereafter abbreviated "D" for brevity) purchased engine parts for its ship ''MV Camilla Desgagnés'' from Wärtsilä Canada (the Canadian unit of Wärtsilä, abbreviated "W"). The contract included a limited warranty and limited W's liability to €50,000. The choice of law clause stated that the contract would be governed pursuant to the laws in force at the office of W, which was Montreal. In that regard, a reconditioned crankshaft was mounted onto a new bedplate at W's factory in Zwolle in November 2006 and delivered to the ship at Halifax in February 2007. The crankshaft sustained a catastrophic failure in October 2009, while the vessel was on route on the Saint Lawrence River near Les Escoumins. D claimed ...
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Fleming V Ontario
''Fleming v Ontario'', 2019 SCC 45 is a decision of the Supreme Court of Canada on the powers of police officers under the common law ancillary powers doctrine. The Court unanimously held that police officers did not have the authority to arrest someone engaging in lawful conduct to prevent a breach of peace by others. Background The Ancillary Powers Doctrine The Ancillary Powers Doctrine is a common law rule that assumes that when an obligation is imposed on the executive, they also implicitly gain the 'ancillary' powers necessary to execute it. In the context of police powers, this doctrine is applied through the 'Waterfield Test', a test which originated in the UK but versions of which have since been adopted by the courts of many other common law jurisdictions, including Canada. Under the test, a police officer could take an action to interfere with a person's liberty or privacy if: # they were acting in the execution of their duties under common law or statute, and # ...
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Keatley Surveying V Teranet
Keatley Surveying v Teranet is a judgment of the Supreme Court of Canada on issues of copyright, specifically Crown copyright, and intellectual property. It was released in September 2019. Synopsis The appellant brought a motion in 2007 to certify a class action on behalf of all land surveyors in Ontario who registered or deposited plans of survey in the provincial land registry offices. It claimed that the respondent, who as agent of the Crown, trespassed on the copyright of the land surveyors who had generated the work. The appellant failed to convince the trial judge, failed to sway the Court of Appeal, and failed to persuade the SCC of the rightness of its cause. The judges were very concerned about the public interest, and the clear public character of the works. The concurrence judgment, which begins at ¶92, hinged on the interpretation of section 12 of the Copyright Act. References {{reflist Supreme Court of Canada cases 2019 in Canadian case law Canadian copyri ...
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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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