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Byline: COLIN FREEZE; Staff The Supreme Court of Canada has given police more latitude to fight the opioid crisis by ruling that the imperative of taking deadly drugs off the [...]

Byline: DAVID EBNER; Staff The Supreme Court of Canada on Wednesday ruled in favour of a First Nation that had sued the Quebec and federal governments for underfunding its police [...]

Byline: ANDRÉ PICARD; Staff Here we go again. A B.C. judge blocked the medically assisted death of a 53-year-old Alberta woman after her common-law spouse alleged that MAID was granted [...]

Byline: COLIN FREEZE; Staff The real-world chaos of Canada's criminal justice system cannot be a reason to throw out charges because of unreasonable delay if a case has not exceeded [...]

Byline: COLIN FREEZE; Staff A Mississauga man alleged to be one of Canada's most prolific killers is seeking permission to argue at the country's top court that he should not [...]

In a landmark constitutional reference released in late 2023 (IAA Reference), a majority of the Supreme Court of Canada found Canada's federal scheme for assessing and regulating major resource and [...]

Dividing family property after the end of a spousal relationship can be complicated and time-consuming. It can be tempting to draft an agreement with your ex-spouse without the help of [...]

Breakfast With Appeal is Torys' quarterly series showcasing the appellate law that's shaping Canadian conversations. Visit our main Breakfast With Appeal page for more content and upcoming webinars. This episode [...]

Breakfast With Appeal is Torys' quarterly series showcasing the appellate law that's shaping Canadian conversations. Visit our main Breakfast With Appeal page for more content and upcoming webinars. Join the [...]

Canada's federal structure means national class actions naturally raise potential constitutional questions. Those questions become potentially more thorny where a class action is pursued not on behalf of individuals across [...]

Social media has transformed the way humans on every continent connect and gather. It allows anyone, anywhere with internet access to share their thoughts instantly. The unfortunate reality of social [...]

The Supreme Court of Canada recently released its judgments in Auer v. Auer, 2024 SCC 36 and TransAlta Generation Partnership v. Alberta, 2024 SCC 37. The companion cases regard the [...]

On October 4, 2024, the Supreme Court of Canada released its long-awaited decision of International Air Transportation Association v. Canada (Transportation Agency), 2024 SCC 30. A primary issue before Canada's [...]

Although the Supreme Court of Canada's decision in Vavilov1 established a general framework for selecting which standard to apply on judicial review, it left open which standard of review applies [...]

In Aquino v. Bondfield Construction Co. 2024 SCC 31, the Supreme Court of Canada provided clarity about when fraud by a corporation's directing mind can be attributed to the corporation. [...]

When we think about the broad direction of government policy, we generally think about the statutes introduced by the legislature. However, the reality is that much of the laws that [...]

The Supreme Court of Canada's November 2024 judgments in Auer v. Auer and TransAlta Generation Partnership v. Alberta make it less burdensome to challenge the legality of 'subordinate legislation', such [...]

On November 8, 2024, the Supreme Court of Canada ruled thatVavilovreasonableness applies where regulations and bylaws are challenged. In Auer v Auer, 2024 SCC 36 and TransAlta Generation Partnership v [...]

On September 19, 2024, the Supreme Court of Canada granted leave in Pharmascience Inc v Janssen Inc et al ['Janssen'], giving the Supreme Court an opportunity to weigh in whether [...]

Should a corporation be affixed with the fraudulent or other nefarious intent of its directing minds? The answer to this question is of key importance in several contexts where the [...]

The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich As the Supreme Court of Canada (the SCC) prepares to deliver its decision in [...]

Torys acted for the successful respondent trustee, KSV Advisory Inc., in Aquino v. Bondfield Construction Co. Read more on our involvement in this case. The Supreme Court of Canada's recent [...]

Introduction - A taxpayer sought an exemption from paying income tax due to abortion law In August 2024, the Supreme Court of Canada (SCC) denied the application for leave to [...]

In its recent decision, Poonian v. British Columbia (Securities Commission)1, the Supreme Court of Canada has provided important clarifications about the discharge of debts under section 178(1) of the Bankruptcy [...]

On July 19, 2024, the Supreme Court of Canada (SCC) rendered judgment in Canada (Attorney General) v. Power (Power) on the availability of damages against the federal or provincial governments [...]

Byline: DOUGLAS SARRO Securities law professor at the University of Ottawa An upcoming Supreme Court of Canada case deals with public companies' obligation to immediately disclose material changes that occur [...]

Byline: JAMESON BERKOW; Staff Dozens of financial criminals have managed to escape paying tens of millions of dollars in regulatory penalties by declaring bankruptcy, according to market watchdogs in British [...]

Byline: ED WAITZER Insolvency laws in Canada (as in the United States, Britain and Australia) have long enshrined the principle that bankruptcy should not assist dishonest debtors. But the Supreme [...]

Byline: JAMESON BERKOW; Staff Financial criminals can declare bankruptcy and avoid punitive fines issued by securities regulators, the Supreme Court of Canada has ruled. In a reversal of two lower-court [...]

Byline: Frances Vinall Treaties signed more than 170 years ago between Canada's British colonial settlers and several Indigenous groups have not been honored by successive Canadian governments, which for generations [...]

Byline: COLIN FREEZE; Staff The Supreme Court of Canada has ruled federal and provincial governments cannot make themselves immune to lawsuits from people who are harmed by unlawful legislation. In [...]

Byline: [CREDIT]THE CANADIAN PRESS QUEBEC -- The Quebec government is calling for a Supreme Court of Canada judge to recuse himself as the court deliberates whether to hear an appeal [...]

On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining to apply the tort of intrusion upon seclusion to [...]

On July 18, 2024, the Supreme Court of Canada denied leave to appeal from the decision of the Ontario Court of Appeal in Birhane v. Medhanie Alem Eritrean Orthodox Tewahdo [...]

The Supreme Court of Canada ('the SCC') recently dismissed Glencore Canada Corporation's application for leave to appeal the FCA's 2024 decision (2024 FCA 3) which held that break fees received [...]

The Supreme Court of Canada (the 'SCC') has clarified when and how companies can contract out of the implied warranties and conditions set out in the Sale of Goods Act [...]

Co-authored with Cassiopée Mailloux-Boucher In a recent decision of the Supreme Court of Canada in Poonian v. British Columbia (Securities Commission), the Court determined that while disgorgement orders made by [...]

Background & Executive Summary On July 26, 2024, the Supreme Court of Canada (the SCC) released its highly anticipated decision in Ontario (Attorney General) v. Restoule (the Decision).1 The Decision [...]

In its recent decision, Canada (Attorney General) v Power, 1 the Supreme Court of Canada ruled that federal and provincial governments do not have absolute immunity from claims for Charter [...]

Part I of this two-part series looked at the Alberta Court of Appeal's ('ABCA') decision in Thomson v ivari ('Thomson'), which found that the owner of a life insurance policy [...]

In Poonian v British Columbia (Securities Commission), 2024 SCC 28, the Supreme Court of Canada clarified which monetary sanctions ordered by the British Columbia Securities Commission would survive an order [...]

In a welcome decision for commercial sale transactions in Ontario, the Supreme Court of Canada ('SCC') has recently clarified the requirements for a valid and enforceable exclusion clause in a [...]

In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are 'government' and, as such, they are subject to [...]

In Poonian v British Columbia (Securities Commission), a majority ofthe Supreme Court of Canada clarified provisions in the Bankruptcy and Insolvency Act (the 'BIA') that govern when a bankrupt is [...]

On June 28, 2024, the Supreme Court of Canada (SCC) released Dow Chemical Canada ULC (2024 SCC 23) (Dow) and Iris Technologies Inc. (2024 SCC 24) (Iris), two decisions which [...]

Individuals undergo bankruptcy proceedings for many reasons, chief among them to seek relief from their debts and obtain a fresh financial start. However, the opportunity for a fresh start can [...]

On July 31, 2024, the Supreme Court of Canada released its decision in Poonian v. British Columbia (Securities Commission), on whether financial sanctions imposed by securities regulators are dischargeable through [...]

This article also appeared in the Summer 2024 issue of Build Manitoba magazine. On April 5, 2024, the Supreme Court of Canada released reasons for decision in Eurobank Ergasias SA [...]

Background The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach [...]

On July 19, 2024, the Supreme Court of Canada (SCC) released a significant decision on the availability of damages under the Canadian Charter of Rights and Freedoms for harm caused [...]