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 August 21 – October 17, 2024 inclusive.

Appeals

Bankruptcy & Insolvency: Corporate Attribution; Fraud & No Benefit Exceptions
Aquino v. Bondfield Construction Co., 2022 ONCA 202; 2024 SCC 31 (40166)

The S.C.C. already established that the corporate attribution doctrine is not a “standalone” principle; there . . . [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) : Dans le cadre de l’examen d’une requête de type Jordan, il semble inapproprié d’attribuer un délai présomptif afin de tenir compte de l’effet de la pandémie de la COVID-19 sur la progression des dossiers après la réouverture des tribunaux; la Cour rejette l’appel du jugement de la . . . [more]

In 2019, The Strand bookstore in New York and the building it inhabits were granted heritage status by the city’s Landmarks Preservation Commission, and they threatened to sue the city in response (the story was widely reported, here is a story from the Guardian). The owner’s concern was that the administrative requirements associated with the designation would be onerous and that the bookstore might not be viable with them. They said this is especially relevant given the competition from online retailers like Amazon.

The Strand is still in business, but the reason this matters here is recognizing that legal . . . [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.

Heenan Blaikie : the making and unmaking of a great Canadian law firm

Author: Adam Dodek
Publisher: UBC Press
Series: Law and society series (Vancouver, B.C.)
Publication Date: October 15, 2024
ISBN 9780774870733 (hardcover) | ISBN 978077487076 4 (EPUB) | ISBN 9780774870757 (PDF)
Page count: 396 pages; 6 x 9

Excerpt: Prologue, . . . [more]

Across Canada, our justice system is under attack. In British Columbia, the New Democratic Party is erasing the law society, eliminating with it the independence of lawyers. In Alberta, the United Conservative Party sought to cease funding to legal aid – which funds individuals and families who stand at and below the poverty line and cannot afford justice otherwise – and continues to negotiate further oversight and restrictions to limit its reach. In Manitoba, the New Democratic Party removed a politician from caucus when it was discovered he had a connection to a lawyer who represented an accused, despite breaking . . . [more]

In professional services organizations, launching a new practice group can be a game-changer for firms looking to expand their offerings, enter new markets, or capitalize on emerging trends. Whether you are in law, accounting, recruitment, planning, engineering, or any other sector, the process of establishing a successful practice group requires careful planning, strategic execution, and a deep understanding of client needs. Although the idea for a new practice may come quickly, launching that new area requires careful consideration, including the eleven tips below.

1. Research

Before you begin telling everyone about your new practice, it is critical to research what . . . [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) : Il n’y a pas lieu d’intervenir à l’égard des peines d’emprisonnement respectives de 12 et de 17 ans qui ont été imposées par le juge de première instance aux accusés, qui ont été reconnus coupables d’homicide involontaire coupable pour leur implication dans le meurtre de la victime, . . . [more]

Why are some restaurants great, while others are so lousy? The great ones don’t usually have better ingredients in the kitchen, or better written policies, or even more talented people.

Usually, they have better culture. The folks leading and working in great restaurants have developed expectations, attitudes, and social practices that produce terrific results, night after night.

What if the same is true of justice systems? Maybe culture is the reason why some courts, tribunals, and segments of the bar consistently produce substantively just outcomes after processes that are quick, affordable, and procedurally fair. And maybe culture is the . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Fire Still Burns: Life In and After Residential School. By Sam George with Jill Yonit Goldberg, Liam Belson, Dylan MacPhee & Tanis Wilson. Vancouver, B.C.: UBC Press, 2023. xi, 133. Includes reader’s guide. ISBN 9780774880855 (softcover) $21.95; ISBN 9780774880879 (ePub) $19.95; ISBN 9780774880862 (PDF) $19.95.

Reviewed by Stephanie Karnosh . . . [more]

In R v. Pike^[1] the Ontario Court of Appeal considered the expansive search power of Customs and Border officers under s. 99(1)(a) of the Customs Act.^[2]

The Ontario Court of Appeal set the stage for the conflict between the respectful approach to border security and individual privacy rights as follows:

Millions of Canadians travel internationally each year with their personal computers, tablets, and smartphones. The contents of these devices attract some of the strongest privacy interests known to law because they are a window into their users’ lifestyles, beliefs, interests, desires, relationships, finances, health, and much more. But

Late last week, I received a large parcel delivered to my home. As I opened the package, I began to realize that a group of Slaw’s authors had banded together to create a gift for me!

Below is a photo of the very large framed canvas that I received. You can click on the image to read through the many notes of thanks, encouragement, and even a poem. :)

I am more than appreciative. Our authors here at Slaw are very busy with their professional lives, not to mention their dedicated writing.

Like my friend Simon before me, Slaw is . . . [more]

For a few years now, I have participated in academic and professional projects, publications, events and conversations about territories located in Canada, the United States and across the world. These efforts have allowed me to build relationships with people working on the state of legal and government information in these territories, at the access and preservation levels. As a Foreign, Comparative and International Law Librarian as well as Professor of Legal Research, I know firsthand that without widespread access to these foundational materials as well as proper preservation plans, we risk losing relevant materials and data useful for all researchers . . . [more]