One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from July 26 – August 15, 2024 inclusive.

Appeals

Aboriginal Law: Treaties; Standard of Review; Fiduciary Duties
Ontario (Attorney General) v. Restoule, 2021 ONCA 779; 2024 SCC 27 (40024)

Although a trial judge’s findings of historical fact attract deference, the interpretation of historic Crown-Indigenous treaties is . . . [more]

Until recently, parties to a contract did not owe any obligations of good faith towards each other in Canadian common law jurisdictions. There was no obligation of good faith in the negotiation process, none in the performance of contractual obligations, and only limited such obligations in contract termination.[1] There was, for example, no obligation not to lie to your contracting party when performing your contractual duties (unless it constituted the tort of civil fraud). The courts explained the contractual relationship as one in which each party is to get the best deal for themselves, using whatever pressure legitimately at . . . [more]

The Canadian Radio-Television and Telecommunications Commission (CRTC) remains one of the bodies responsible for compliance with Canada’s Anti-Spam Legislation (CASL).

On April 4, 2023, Canadian police services participated in an internationally coordinated enforcement action against the Genesis Market that traded in stolen credentials and account access. The Genesis Market had over 1.5 million bots and over 2,000,000 identities when it was shut down. It was one of the largest criminal facilitators at the time.

Canadian police worked closely with law enforcement authorities in 17 countries in this coordinated effort. The United States Federal Bureau of Investigation led the international operation . . . [more]

At a recent conference in Montreal, individuals and organizations involved in access to justice across the country gathered to present current research, share initiatives, and build a strong foundation of knowledge. The conference was grounded in a people-centred approach to access to justice, shaped in part by the OECD Framework and Good Practice Principles for People-Centred Justice.[1] Within this approach there is a common understanding that if we are to improve access to justice we need to include, and in fact, elevate, the voices of those attempting to access justice, both in terms of their challenges, and their experiences. . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : La juge de première instance n’a pas erré en déclarant recevable l’enregistrement vidéo de la déclaration qui a été faite par la victime à la police 14 mois après la commission des gestes infractionnels de nature sexuelle; par ailleurs, les directives données par la juge au jury . . . [more]

The ability to craft compelling proposals is not merely a skill but an art form. Whether responding to a request for proposal or proactively seeking new business with unsolicited proposals, the process demands finesse, strategy, and a deep understanding of client needs.

Why Proposals Matter

Proposals represent more than mere submissions; they represent an opportunity for your firm to stand out among your peers. Each proposal is a testament to your expertise, understanding of client needs, and a roadmap to solutions. Crafting a proposal is about showcasing capabilities, forging trust and establishing credibility with prospective clients.

Crafting a Winning Proposal . . . [more]

The recent changes to the Family Law Act dealing with pets in the context of family law disputes received a lot of attention and were widely celebrated. However, they didn’t do much to alter the fundamental treatment of pets as chattel. This article provides a brief digest and analysis of those amendments.

On 15 January 2024, the portions of British Columbia’s Family Law Act dealing with the division of property were amended to address pets, the idea being that people have important emotional relationships with pets and post-separation conflict might be reduced if clear guidelines were provided. Prior to these . . . [more]

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

This case reads like a cautionary tale for employers. In 2024 O.H.R.T.D. No. 862, the Ontario Human Rights Tribunal exposed the danger of adopting an inflexible approach to an employee’s challenging caregiving role at home. In the end, significant damages were awarded for the failure to accommodate and for reprisal. Other employers can avoid the same fate by understanding the rights and obligations at play in this context. . . . [more]

Do you know where the word “trial” come from? Its origins date back to the 12th-century French word trier, meaning “try,” “pick out,” or “cull.” By the 15th century, it referred to “an examination before a court” or “putting to proof by examination.”

But interestingly, and not accidentally, by the 16th century the definition of “trial” had grown to include “being subject to affliction or trouble through experience.” Today, it also commonly refers to an “ordeal,” with equally fun synonyms like “hardship,” “suffering,” and “nightmare” — any of which would probably resonate with the average recent litigant.

Trials aren’t . . . [more]

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. Veerasingam v. Licence Appeal Tribunal, 2024 ONSC 3730

[2] Many lawyers graduate from law school thinking that their cases will be won with erudite advocacy concerning esoteric questions of complex jurisprudence intertwined with contemporary ideals of public policy reform.

[3] But as every experienced advocate understands, the reality of . . . [more]

On August 17, 2014, fifteen-year-old Tina Fontaine was found dead in Winnipeg’s Red River. It had been over two weeks since Tina was reported missing. Among the more disturbing details of Tina’s death was the fact that in the twenty-four hours prior to her disappearance, she had been seen by child welfare workers, healthcare professionals, and police officers. How did a system that is purportedly built to protect Canada’s most vulnerable fail Tina at every step? As a member of Sagkeeng First Nation, Tina’s story is not only part of the humanitarian crisis of Missing and Murdered Indigenous Women . . . [more]