The following is a memo about the Principled Exception to the Hearsay Rule, including
the SCC cases of Bradshaw, Khelawon, and Vetrovec.
Looking at the «grammatical and ordinary sense» of the word «modern,» the Oxford Dictionary, the go - to text for the Supreme Court of Canada (CanLii search found 147
SCC cases referencing the Oxford Dictionary as opposed to a paltry 11 cases for Merriam - Webster), the definition is «relating to the present or recent times as opposed to the remote past» or «characterized by or using the most up - to - date techniques, ideas, or equipment.»
You can see that even for the most recent link citations (total of 29 URLs over 16
SCC cases in 2016), while 72 % are healthy (21 of 29 report OK) almost a quarter are deteriorating (7 of 29 are redirects) and one is already broken.
The main rule in
SCC cases is that, unless otherwise agreed by the parties, the SCC and the Arbitral Tribunal shall maintain the confidentiality of the arbitration and the award.
A practice note on the application of the Mauritius Convention and the UNICTRAL Rules on Transparency in
SCC cases has recently been added to the SCC website.
In addition I graphed the number of citations for each case, in order to see how the «influence» of
SCC cases fell off.
The policy reasons for s. 1 limiting s. 2 (b) expression rights is rather clearly explained in the line of
SCC cases, from Irwin Toy and RJR, to Keegstra.
So it was perhaps with that in mind that the Chancellor of the High Court, Sir Geoffrey Vos, gave permission for a second appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269, so that the Court of Appeal could consider «important points of practice» arising from what constitutes «unreasonable behaviour» in the context of CPR Pt 27.14 (2)(g) in
SCC cases, evidence of which would result in a costs award.
Granted, this survey was of the Supreme Court of Canada site, where it is well understood that
all SCC cases are readily available and easy to find.
The Uniform Jurisdiction Act was begun before all
the SCC cases had been decided — but there could still be an argument in support of a legislative safe harbour, rather than having to work through all the factors of «real and substantial connection» every time one wants to launch a action.
McLachlin J. explained the unique relationship in
the SCC case of Winnipeg Child and Family Services v. G. (D.F.) at para. 27,
Notwithstanding this,
the SCC case law seemed to read this nuance out of Article 5 (1) FD and interpreted the Spanish law executing the FD in light of its own doctrine on the matter.
This is much more attractive from a clients perspective especially given the recent
SCC case affirming that insurance contracts are subject to all the familiar contract interpretation principals whereas retainer agreements are subject to mysterious «penumbral duties» (Strother 2009 SCC), which adds zero value (or less) to the clients perception of retainer.
This is the Court's unofficial summary of the issues in Ediger v. Johnston
SCC case no. 34408, an appeal scheduled for December 4, 2012.
To read the summary, and see the path this took through the Supreme Court, have a look at
the SCC Case Information site.
I agree it'd have to be a «map» of the subject locality, rather than, say, a map with
a SCC case at its centre.
The result, as you note, was you picked up some of the lower court references and
the SCC case itself more than once.
I gave you a quote from a criminal law case (because it's
an SCC case.)
Another example may be found in the recent case of Brent Bish on behalf of Ian Stewart v Elk Valley Coal Corporation, Cardinal River Operations,
SCC Case No 36636, leave to appeal granted from the judgment in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (CanLII), where Jennifer Koshan points to the missing voices of five human rights commissions (who had applied to intervene jointly), which, had they been allowed to intervene, could have contributed meaningfully by assisting the court in a case where the test for discrimination was a live issue.
At any rate, for the curious, follow this link to a randomly chosen paragraph in a CanLII report of
a SCC case: http://pages.citebite.com/o1i5x5p9l3ino.
A previous posting I wrote on this issue considering
the SCC case of Anthony - Cook discusses this very point.
Taking a broader view of the matter, we queried whether the matter might be more appropriately argued as res judicata, and found an old
SCC case to support that position in nearly identical circumstances.
The cite to
the SCC case is British Columbia (Attorney General) v. Christie, 2007 SCC 21 for those who'd like to read the court at less than its finest hour.
There is a link to the facta in the left - hand navigation column under the category «
SCC Case Information».
Here, then, are two haiku about the most recent
SCC case, the first in the more prosaic or informational style used in the American site, the second a bit more impressionistic, an attempt to get the kigo and kireji in.
Instead
the SCC case is expected to focus on the applicability of the Promise in patent validity in the first place, the framework for setting the Promise, and the interplay (if any) between claims construction, inventive concept and the Promise.
That's not out of the realm of plausibility (as opposed to possibility) because the SCC has granted leave in another case which the Court might consider provides a better platform for discussing causation issues Ediger v. Johnston
SCC case # 34408.
Not exact matches
Drug Dependence and the Protection Against Employment Discrimination
Case Commented On: Stewart v Elk Valley Coal Corp., 2017
SCC 30 (CanLII) The Supreme Court of Canada released its decision in Stewart v Elk... Continue reading →
In
cases where a regulatory proposal deals with carbon emissions (e.g. regulation of emissions from vehicles or coal - fired power plants),
SCC is used to express the monetary value of changes in emission amounts.
The most frequently altered genes in
SCC were TP53 (20/25
cases, 80 %), PIK3CA (13/25
cases, 52 %) and CDKN2A (11/25
cases, 44 %).
Squamous cell carcinoma (
SCC) comprises 17 - 25 % of oral tumors seen in the dog and is generally very locally invasive with approximately 10 - 30 %
cases developing metastatic disease.
Roger Bezdek was one of several witnesses sponsored by Peabody Energy, fighting a legal
case on Minnesota's Social Cost of Carbon (
SCC).
Richard Lindzen was one of several witnesses sponsored by Peabody Energy, fighting a legal
case on Minnesota's Social Cost of Carbon (
SCC).
The Sierra Club announced today that it and the other parties to the REC rate
case reached a settlement, pending final
SCC approval.
However, the social cost of carbon (
SCC) is higher (by about 15 %) under uncertainty than in the certainty - equivalent
case because of asymmetry in the impacts of uncertainty on the damages from climate change.
Good: make that
case and carry on using the
SCC calculation to do it.
The audit CPA does 10 times better than the 2nd
case, which is 10 times better that what I think is a key element of the
SCC.
At the risk of violating the basic economic concept of «cost», I wonder if there might be a
case for defining
SCC in terms of a goal of stabilizing the climate, rather than the present value of long term damages from a disrupted climate.
In this installment, we describe a particularly egregious fault that exists in at least one of the prominent models used by the federal government to determine the
SCC: The projections of future sea - level rise (a leading driver of future climate change - related damages) from the model are much higher than even the worst -
case mainstream scientific thinking on the matter.
And that Liberal jurist / politician Newton Wesley Rowell, the founder of the firm that is now just McMillan, took the
case to the Privy Council when the
SCC had given it the back of their hand in [1928] SCR 276.
If the
case is granted leave to the
SCC, it will likely be the final word in Canada on the duty of care owed to a potential child by a physician.
I don't doubt there's a real opportunity to apply the concept of «implied consent» in this
case as it was set out by the
SCC in the recent Trang decision.
Confronted with these facts, the
SCC realised that if it decided to simply uphold its previous
case law, the Spanish Constitution would clearly be in conflict with Article 4a (1) FD as amended in 2009.
Therefore, in light of European
case law, the
SCC concludes that the absolute content of the right to a fair trial does not require that a person convicted in absentia has the chance of applying for retrial if the right has been voluntarily and unequivocally waived and the person was duly summoned and defended at trial by counsel.
Justice Adela Asua celebrates the dialogue initiated between the
SCC and the CJEU in this
case.
Judging by last week's 5:4 decision in Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd., 2016
SCC 47, we can't get enough litigation and
case law on the subject.
In an unrelated matter, the
SCC has also granted leave to appeal in a slew of intellectual property
cases in which a Quebec artist is suing several broadcasting companies for copyright infringement for allegedly copying his character sketches.
I would have expected a stronger declaration from the
SCC that in non-eu
cases it's doctrine keeps existing
However, the
SCC qualified this statement by warning that «in the hardly conceivable
case that the future dynamics of European Union law were deemed irreconcilable with the Spanish Constitution, without these hypothetical excesses of European law... being remedied through the ordinary processes provided for [by EU law],» the
SCC may need to step up to guarantee «in the last resort the preservation of the sovereignty of the Spanish people and of the supremacy of the Spanish constitution.»
The
SCC rendered its final judgment in the Melloni
case on 13 February 2014.