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Yearly Archives: 2014

Do Hard Cases Make “Inherently Bad Laws?” Carter v. Canada and the Right to Physician-Assisted Death

The Supreme Court of Canada has granted leave to appeal in a British Columbia decision involving the right to physician-assisted suicide and euthanasia. In Carter v Canada (Attorney General), a terminally ill British Columbia resident sought to declare the provisions of the Criminal Code which prohibit physician-assisted dying. The concepts of “physician-assisted suicide” and “euthanasia” are not identical. Physician-assisted suicide ...

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Common Sense for Contracts but not for Statutes

The Supreme Court of Canada has reaffirmed an integral principle of contract law: the interpretation of contracts should be based on the text of the agreement, not the subjective intentions of the parties. Sattva Capital Corp. v. Creston Moly Corp.1 involved the interpretation of a finder’s fee agreement in a mining property acquisition, and specifically what date ought to determine ...

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Supreme Court Alters the Balance of Power Between Labour and Business

On June 27, 2014, the Supreme Court released a decision that will affect every employment relationship across Canada.  In United Food and Commercial Workers, Local 503 v. Wal Mart Canada Corp., a 5-2 majority of the Court held that an employer – in this case Wal-Mart – is prohibited from permanently shutting down its business during the collective bargaining process, unless it ...

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Remarks of the Treasurer of LSUC at the Call to the Bar Ceremony

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On the morning of June 20, 2014, I had the honour and privlege of being welcomed to the Ontario Bar by none other than Mr. Thomas Conway, Treasurer of the Law Society of Upper Canada. His speech to the new inductees, in addition to touching on the historical background of LSUC, went on to outline the importance of the Rule of ...

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The Living Fiction: Reclaiming Originalism for Canada

This Article was published in the Autumn 2014 edition of the Advocates’ Quarterly1   Eighty-five years ago this October, the Judicial Committee of the Privy Council handed down its decision in Edwards v. Attorney-General for Canada, in which it held that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural ...

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How to Reform the Senate Without a Constitutional Amendment

(This article originally appeared in The Huffington Post Canada) The Supreme Court of Canada’s recent decision in Reference Re Senate Reform has irked a great many Canadians who had hoped that our highest court would bless democratic reform in the Red Chamber. On virtually every question before it — from term limits to democratizing the selection process — the Supreme ...

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