All About Information
SCC issues civil production decision stressing discretion and proportionality
Trump's transition team appears to be all over
the SCC issue.
Although it is the Court's practice to not provide reasons for decisions on motions to intervene,
the SCC issued a press release and Justice Wagner gave additional comments.
Also in 2015,
the SCC issued Guindon v. Canada, which upheld a penalty imposed on Julie Guindon pursuant to s. 163.2 of the Income Tax Act for providing «flawed and misleading» advice to her clients, advice which was «indicative either of complete disregard of the law and whether it was complied with or not or of willful blindness.»
Google cooperated initially by de-indexing pages on Google.ca but
the SCC issued a global «Google Order» requiring Google to de-list around the world.
In its ruling on
the SCC issue, the Irish Court noted that a US ombudsperson position created under Privacy Shield to handle EU citizens complaints about companies» handling of their data is not enough to overcome what it described as «well founded concerns» raised by the DPC regarding the adequacy of the protections for EU citizens data.
Not exact matches
Binance has
issued a statement denying «all of
SCC's [Sequoia Capital's] allegations relating to the present dispute.»
If
SCC is small positive, GHG emissions are not dangerous and not a serious
issue.
The value of
SCC is that, if it is grossly over stated, as it seems to be, then correcting the value of
SCC is the way to demonstrates that GHG emissions are not a major threat to the economy and we can and should move on to more important
issues — like restoring world GDP growth.
In light of the importance of
SCC to U.S. climate / energy policy, it seems that much more attention needs to be paid to this
issue.
Our hostess writers «In light of the importance of
SCC to U.S. climate / energy policy, it seems that much more attention needs to be paid to this
issue.»
I have no idea how important
SCC is, so I assume that Judith is correct; this is an important
issue.
Western Canada Business Litigation Blog — Supreme Court of Canada Backs Securities Commission Enforcement — Marco Vessely discusses McLean v. British Columbia (Securities Commission), 2013
SCC 67 and the
issue of the degree to which courts should defer to decisions of a provincial securities commission.
The continuing dispute between British Columbia and Texas pipeline company Kinder Morgan over the proposed $ 7.4 - billion Trans Mountain Pipeline ULC expansion, from Alberta to British Columbia, is heading to the courts, with one senator urging Ottawa to ask the
SCC to decide on the
issue.
Yes, I'm undoubtedly part of the «academic» legion (likely not the host, from the
SCC's perspective) who've «spilled ink» over
issues related to «the proper test for causation in cases of negligence» so I'm more attuned than some to these
issues but that's not the point.
even tho some of his significant IP decisions have gone against my own views, i think that having another
SCC justice who is familiar with IP
issues can only be a benefit going forward.
In recent months, the Spanish Constitutional Court (
SCC) has
issued a series of decisions related to EU law that show an interesting combination of both openness toward the European legal order and a certain degree of apprehension to the growing role of the Court of Justice of the European Union (CJEU) in constitutional matters.
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.
Although I'm not going to weigh in on the legal
issues in Doré v. Barreau du Québec, 2012
SCC 12, the more interesting
issue for me is how wound up lawyers (and judges) can get, as shown by the following passages from this case.
Commentary: The Supreme Court of Canada in this case, and in the case of R. v. Conway, 2010
SCC 22 (see our blog summary here) has made clear that tribunals must address Charter
issues which are raised before them (unless expressly exempted by their enabling statute).
The Court of Appeal recognized that the
issue was not decided by an earlier case — Trinity Western University v. British Columbia College of Teachers, 2001
SCC 31 — a case where a regulatory body refused to accredit TWU on the basis that the covenant might affect the ability of TWU graduates to teach in public schools in a non-discriminatory matter.
[2] The analysed awards were not only
issued under the ICC Rules of Arbitration, but also under the rules of other arbitral institutions, such as the CIETAC, the HKIAC, the DIS, the ICDR, the LCIA, the PCA, the
SCC and the SIAC.
The
SCC rejected the appeal, addressing at length the
issue of when a «collateral benefit» or «compensating advantage» received by a plaintiff should reduce the damages payable by a defendant.
While providing an overview of
SCC: s emergency caseload, Mrs. Petrik's presentation was focused on the emergency relief sought in treaty - based proceedings and specific legal
issues arising in the context of investment arbitration.
There is another Supreme Court of Canada case that deals with that
issue called R. v. Grant, 2009
SCC 32.
That the
SCC has granted the first ever declaration of Aboriginal title in Canada, in and of itself, makes this a decision of great significance (see Jonnette Watson Hamilton's post on that
issue here).
The
SCC will review whether bank -
issued credit cards are governable under the Consumer Protection Act.
At a recent CBA /
SCC Liaison Committee meeting on Posting of Factums on the Web, the Supreme Court Justices raised questions concerning a number of legal and practical
issues: * Who holds copyright in factums?
The
SCC has indeed set a low standard for decision writing, noting that the scope for judicial creativity is «narrow, but not non-existent»: «it finds expression in the ordering of the reasons and the disposition of the arguments and
issues, and in the occasional eloquent statement of the facts or restatement of the law.»
«Veiled witnesses, copyright wars and hate speech are some of the hot - button
issues facing the Supreme Court of Canada (
SCC) in the busy fall session starting next month.»
One might suggest that evidence can quite readily be found suggestiing that the
issue is at least what the
SCC choses to cite, not what was cited to it.
See, for example, the decision of the
SCC in the 2001 TWU decision, which dealt with precisely this
issue, accepted that TWUs covenent was discriminatory, and that it was nevertheless illegal for the BC College of Teachers to refuse to accredit its graduates.
The 1999
SCC decision of M&H had already put the
issue on the legal radar screen, and while the recognition of same - sex marriage wasn't at
issue in that case (it dealt with rights as common law partners), it left little doubt as to where the court would go in the future, if need be.
While it is true that, given how it had decided Resurfice, the
SCC didn't have to decide the
issue upon which it chose to offer some general principles, it's also true that, having chosen to do so, it should have been done better.
There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation
issues, not mentioning the
SCC's decision in Resurfice v Hanke 2007
SCC 7 and clearly argued and decided based on the case law predating Resurfice.
The continuing dispute between British Columbia and Texas pipeline company Kinder Morgan over the proposed $ 7.4 - billion Trans Mountain Pipeline ULC expansion, from Alberta to B.C., is heading to the courts, with one senator urging Ottawa to ask the
SCC to decide on the
issue.
SCC is organizing a seminar in Frankfurt on this
issue on 12 March, in connection with the 2018 Frankfurt Investment Arbitration Moot.
The Monitor and Sun Indalex, a secured creditor of Indalex US, appealed to the
SCC and raised four
issues:
The
SCC took the opportunity to
issue a warning to other multinational companies who might find themselves caught in a conflict between foreign and Canadian laws: Blind compliance with discriminatory foreign laws has consequences.
Because Bombardier's decision was based solely on the DOJ's refusal to
issue him a security clearance, the
SCC required evidence that the DOJ's conduct was discriminatory.
A case commonly cited on this
issue is British Columbia v Henfrey Samson Belair Ltd. (1989), 59 DLR (4th) 726 (
SCC)(«Samson»), where the Court determined that if the property deemed to be in trust by the province under the Social Service Tax Act (RSBC 1979, c 388) formed a true trust at common law, then the property would be exempt from distribution, thereby affirming the provision in the BIA.
The use of headings, allows for quick - scanning so if you're litigating / advising / managing a particular file (s), you can quickly tell what
issues the
SCC is dealing with of relevance to your case.
The
SCC (recently enough) deal with just that
issue: Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010
SCC 4, [2010] 1 S.C.R. 69.
While statistics on the
SCC's website show fluctuation in the number of cases heard since 2006, it doesn't account for complicated or big -
issue cases such as R. v. Carter or R. v. Jordan.
Is STARE DECISIS (precedent) still part of the law in Ontario?The herein
issue was dealt with in 2001, by the SCC, in a finding that the Charter does not apply to PRIVATE entities (TWU) and the Charter remains unchanged!The LSUC and lower Courts are bound by this precedent!Furthermore, the LSUC should not have proceeded herein, without specific authorization from a general Referendum and, at least for the sake of appearances, ON THIS ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers,
issue was dealt with in 2001, by the
SCC, in a finding that the Charter does not apply to PRIVATE entities (TWU) and the Charter remains unchanged!The LSUC and lower Courts are bound by this precedent!Furthermore, the LSUC should not have proceeded herein, without specific authorization from a general Referendum and, at least for the sake of appearances, ON THIS
ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers,
ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers, etc..
At
issue in the before the
SCC in R. v. Bingley was whether the road - side opinion evidence -LSB-...]
In 2004, the
SCC addressed the
issue of same - sex marriage (Reference re Same - Sex Marriage, [2004] 3 SCR 698).
On December 13, 2013, the Supreme Court of Canada (
SCC)
issued its decision in IBM Canada Ltd. v. Waterman, 2013
SCC 70, confirming that employers may not deduct earned pension benefits from wrongful dismissal damages.
At
issue in the before the
SCC in R. v. Bingley was whether the road - side opinion evidence of a DRE, essentially police officers trained to identify people under the influence of drugs, is admissible as evidence of guilt in a court case.
Although the
SCC stated that workplace policies and practices are not determinative on the
issue of privacy expectation it nonetheless is advisable that employers implement a clear and unambiguous policy regarding the use of any workplace computer.