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Canadian courts

  • Image: "Bee keeper" by Oregon Department of Agriculture is licensed under CC BY-NC-ND 2.0
Few people wish for their case to make ground breaking law. Few desire fame through a court decision.  I was reminded recently of a tragic example of a famous Canadian case. Up to the late 1970s, women who claimed a beneficial share of...

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  • Image: Banana peeled by richard_north. This image was marked with a CC BY 2.0 license.
My son recently came home with a joke, “What did the banana say to the judge?” First, let’s look at a 2015 Supreme Court of Canada constructive dismissal decision. In Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court...

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  • Image: "hornby st" by Beach650 is licensed under CC BY-NC 2.0
Lately, there is a dichotomy within B.C.’s justice system. As a result of concerns over COVID-19, B.C. courts have largely shut down, allowing only “urgent and essential matters” to proceed. This is a topic unto itself. Though efforts are certainly being made...

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  • Image: "uber" by stockcatalog is licensed under CC BY 2.0 ; https://www.flickr.com/photos/stockcatalog/40834812504/in/photostream/
The Supreme Court of Canada recently released a decision that considered whether a clause in Uber’s contracts is legally valid. Mr. David Heller, an Uber driver, challenged a provision in Uber’s contract. To become an Uber driver, Mr. Heller had to accept,...

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  • Photo: courtesy of creative commons, Cemetery 011
“Moot” is commonly used to mean “hypothetical.”  Whether a case is legally "moot" or not is a narrower question than common usage may suggest.  It is a question which may, depending on the case, require some analysis. The framework for determining whether...

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  • Photo: "response" is licensed under CC0 1.0
Liquor and cannabis stores remain open.   The list of essential services seems to be about a mile long. Amid all the concern about coronavirus, covid-19, even dollar stores are open. Lawyers are considered an “essential service.”  By definition, this includes the judiciary. Why,...

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