On June 19, 2018 Steam Whistle Brewing and Great Western Brewing scored an historic victory against the Alberta Gaming and Liquor Commission: Madam Justice Marriott of the Alberta Court of Queen’s Bench declared Alberta’s beer mark-up regime unconstitutional, and awarded the brewers over $2 million in restitution. The full decision can be read here. The decision also marks the first time a court has been called on to apply the Supreme Court of Canada’s recent statement of the law in R v. Comeau with respect to the proper interpretation of s. 121 of the Constitution Act as it relates . . . [more]

The first stop in the lawsuit against the Statement of Principles concluded this month, with the Ontario Superior Court of Justice upholding a motion by the law society to transfer the matter to the Divisional Court.

The Amended Application in this matter disposed of the injunctive relief originally sought, and instead seeks a number of declarations, including an interpretation and content of what the Statement of Principles obligation means, that the requirements are ultra vires the Law Society Act, and challenging the constitutionality of the requirements.

It’s the latter relief, the constitutionality of the Statement of Principles, that . . . [more]

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 as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (June 22 to July 13, 2018 inclusive).

Appeals

Civil Procedure/Tobacco Litigation: Disclosure
British Columbia v. Philip Morris International, Inc., 2018 SCC 36 (37524)

Health databases constitute “health care records and documents of particular individual insured . . . [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.

TRAVAIL : Le Directeur des poursuites criminelles et pénales, qui a fait preuve de discrimination fondée sur la grossesse en refusant d’accorder un poste à une avocate parce qu’elle était enceinte, doit lui attribuer ce poste.

Intitulé : Association des procureurs aux poursuites criminelles et pénales et Directeur des poursuites . . . [more]

In January of this year, I canvassed developments on electronic wills in Australia, New Zealand, England & Wales, the U.S. and Canada. Since that time, the Uniform Law Commission (ULC)’s drafting committee in the U.S. has been moving the file forward. I am not aware of any law reform action Down Under, and the Law Commission of England & Wales is still thinking about it. Canada is discussed later in this column.

UNITED STATES

In late July, the ULC will give first reading to an Electronic Wills Act. The “Annual Meeting Draft” is quite compact yet covers the . . . [more]

Earlier this week, American President Trump nominated Brett M. Kavanaugh from the Court of Appeals for the District of Columbia to take the place of Justice Anthony Kennedy who will be retiring as of the end of this month.

Who is Kavanaugh?

There are plenty of resources to figure that out.

The Library of Congress in Washington has published a page with resources about the nominee. The page includes links to articles and books by and about the nominee, to cases decided by him, to Congressional materials about his earlier nominations to federal judicial posts, and to web resources. . . . [more]

When legalization of cannabis comes into effect in Canada, which is scheduled for October 17, 2018, marijuana will no longer be listed as a controlled substance under the Controlled Drug and Substances Act and the consumption and incidental possession will no longer be a crime under Canada’s Criminal Code. . . . [more]

Since the summer of 2017 Canada, Mexico and the United States have been negotiating with the objective of agreeing on a revised NAFTA—sometimes called NAFTA 2.0. Most observers take the view that the talks have not gone well to date. The U.S. Administration is now signaling that it wants to take a hiatus until after the Congressional mid-term negotiations in November. This, in spite of renewed pushes from Canada and the newly elected Mexican President’s calls to accelerate the talks. It seems that the parties cannot even agree on the timetable, and it has grown increasingly clear that there is . . . [more]

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Anticipating and Managing the Psychological Cost of Civil Litigation

Michaela Keet and Heather Heavin have published extensively about Litigation Risk Assessment. For access to some of this work, see the CREATE Justice website. Professor Heavin is Associate Dean of Research and Graduate Studies at the University of Saskatchewan, and Professor Michaela . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Ryerson University v Ryerson Faculty Association, 2018 CanLII 58446 (ON LA)

According to the evidence, which was largely uncontested, and which came in the form of expert testimony and peer reviewed publications, numerous factors, especially personal characteristics – and this is just a partial list – such as race, gender, accent, age and “attractiveness” skew SET results. It is almost impossible . . . [more]

Everyone knew that the marketing and promotion restrictions on packaging for licensed producers in the recreational market were going to be onerous.

The Cannabis Act (the “Act”) itself sets out a number of restrictions, including prohibitions on packaging that:

• could be appealing to young persons;
• sets out a testimonial or endorsement, however displayed or communicated;
• depicts a person, character or animal, whether real or fictional;
• associates the cannabis or one of its brand elements with a way of life; or
• contains information that is false or misleading.

On top of what is set out in the Act itself, in March, . . . [more]