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Click on the links above to view recent decisions from the Supreme Court of Canada as well as other courts across the country.
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The following are summaries of recent newsworthy decisions. You may order full-text copies via the QUICKFAX™ or QUICKCOPY service.



R. v. Kahnapace (Criminal law; B.C.C.A.; May 10, 2010)   -- New trial ordered based on judge's failure to clarify jury questions regarding intent and errors in judge's charge and recharge to jury.

Visinski v. Central Okanagan (Regional District) (Municipal law; B.C.S.C.; June 10, 2010) -- Kelowna transferred its animal enforcement service without adopting the regional district's dog-control regulation, leaving it without a bylaw to enforce.

R. v. Kandola (Criminal law; B.C.S.C.; April 30, 2010)   -- Hatred of victim's sexual orientation was at play in this offence and was the motivation for Kandola's actions and, as such, this hatred was an aggravating circumstance to be considered in sentencing.

R. v. Alexander (Criminal law; Ont. Superior Ct. of Justice; April 26, 2010) -- Accused legally justified in tearing a board off a fence to defend himself while being pursued by police.

R. c. Namouh (Droit criminel; Détermination de la peine; QCCQ; 17 février 2010) -- Peine d'emprisonnement à perpétuité sans possibilité de libération conditionnelle avant dix ans imposée à Namouh qui a été trouvé coupable de complot à l'engin explosif et d'activités liées au terrorisme. -- Namouh was handed a life sentence with no chance of parole for 10 years after being convicted of conspi
Bédard c. R. (Criminel; QCCA; 22 mars 2010)   -- The judge who heard the trial gave an inappropriate address to the jury concerning parental child abduction, but Bédard's conduct showed a clear intent to violate the joint-custody agreement with the child's father -- Même si le juge de première instance a erré dans ses directives au jury quant à l'infraction d'enlèvement, la conduite de Bédard dénotait une intention non ambi
Zimmerman v. McMichael Estate (Wills, estates and trusts law; Ont. Superior Ct. of Justice; May 20, 2010) -- Applicant attorney and trustee was disentitled to compensation as his conduct fell well below expected standards and he was ordered to repay pre-taken compensation to the McMichael Trust.

Pirbhai v. Singh (c.o.b. Sarwan Auto Sales) (Contracts; Ont. Superior Ct. of Justice; May 7, 2010) -- The plaintiff was awarded $33,465 for breach of contract and $50,000 in punitive damages due to defendant's unblinking dishonesty who told untruths too numerous to catalogue and insulting in their breadth.

R. v. Nicholas (Criminal law; Ont. Superior Ct. of Justice; June 2, 2010) -- The convicted "Scarborough Bedroom Rapist" was designated a dangerous offender and sentenced to imprisonment for indeterminate period.

York (Regional Municipality) v. Thornhill Green Co-operative Homes Inc. (Creditors and debtors law, Real property law; Ont. C.A.; June 2, 2010) -- Receivership sale of Co-op's assets to public housing company due to financial mismanagement was approved.

Chippewas of Mnjikaning First Nation v. Ontario (Minister of Native Affairs) (Aboriginal law, Government law, Legal profession, Professional responsibility; Ont. C.A.; January 22, 2010) -- There was an abundance of evidence that revenue sharing on the basis of a fund of gaming revenues from Casino Rama would be the subject of post-selection negotiations among First Nations.

P.H. v. Eastern Regional Integrated Health Authority (Wills, estates and trusts law; Nfld. and Labrador Supreme Court; February 17, 2010) -- Self-harming teenager lacked ability to appropriately weigh her possible treatment options.

Magna International (Re) (Corporations, partnerships and associations law; Ont. S.C.J.; August 17, 2010) -- The Court approved a proposed plan of arrangement under the Business Corporations Act to cancel two classes of shares, to amend consulting agreements, and to establish a new joint venture.

Khadr v. Canada (Prime Minister) (Civil litigation; Fed. C.A.; July 22, 2010) -- Crown's application for a stay of enforcement of judgment pending appeal allowed as harm it would suffer would be unequivocal if Crown's discretionary power in foreign affairs and national security were usurped by judiciary.

F.L. c. Lesage (Procédure civile, Responsabilité civile; QCCS; 18 janvier 2008) -- Une avocate est déclarée plaideure quérulente après avoir poursuivi deux médecins lui ayant donné raison dans des procédures entreprises contre la Régie des Rentes. -- An attorney was declared a vexatious litigant after bringing an action against two physicians who had sided with her in proceedings against the Quebec Régie des Rentes.

R. v. M/V Kathy L (The) (Maritime and admiralty law, Environmental law; B.C. Prov. Court; March 29, 2010) -- The sole cause of the accident that resulted in polluting the waters of Johnstone Strait with oil was the unseaworthiness of the barge.

Toronto Parking Authority v. Canada (Minister of National Revenue) (Labour law, Taxation; Tax Court of Canada; April 12, 2010) -- Free parking enjoyed by Toronto Parking Authority employees was a taxable benefit.

Whiteman v. Iamkhong (Civil litigation, Government law, Health law; Ont. Superior Ct. of Justice; March 10, 2010) -- Whiteman's claim against Ontario and Toronto for negligence in failing to protect him from contracting HIV from his immigrant spouse struck as disclosing no reasonable cause of action but his claim against Canada allowed to proceed.

Allan v. British Columbia (Chief Electoral Officer) (Government law, Taxation; B.C.S.C.; August 20, 2010) -- Chief Electoral Officer correctly concluded that petition signed by 700,000 registered voters as initiative to end harmonized sales tax (HST) was an acceptable petition.

Charland c. Hydro-Québec (Procédure civile; QCCS; 23 août 2010) -- Les allégués concernant l'application de l'article 4 de la Loi sur l'intérêt et l'aspect du comportement contractuel d'Hydro-Québec paraissent à ce stade justifier les conclusions de la requête. The allegations concerning s. 4 of the Interest Act and Hydro-Quebec's contractual behavior seem at this point to justify the request's conclusions.

Lafleur c. R. (Droit criminel; C.A.Q.; 17 Août 2010)   -- Il demeure un doute raisonnable que Lafleur a volontairement, dans le but de tromper, omis d'informer le juge des deux nuits passées par son fils à l'hôtel. -- There was reasonable doubt that Lafleur knowingly misled the court when he did not mention the two weekends his son spent at the hotel.

Black v. Breeden (Conflict of laws; Ont. C.A.; August 13, 2010) -- Plaintiff's real and substantial connection with Ontario allowed him to proceed with libel actions in Ontario for comments published on a website of a company headquartered in Illinois.

Qikiqtani Inuit Association v. Canada (Minister of Natural Resources) (Aboriginal law; Civil litigation; Constitutional law; Environmental law; Natural resources law; Nunavut Court of Justice; August 8, 2010) -- Inuit Association was granted an interlocutory injunction to prevent seismic testing for government's breach of duty to consult and accommodate.

Merrill Lynch Canada Inc. v. Soost (Damages, Employment law; Alta. C.A.; August 27, 2010) -- Award of $1,600,000 for damages to Soost's reputation and book of business or goodwill had no basis in law as it purported to compensate for matters which the law did not recognize as compensable.

British Columbia (Workers' Compensation Board) v. British Columbia (Human Rights Tribunal) (Human rights law, Administrative law; B.C.C.A.; February 17, 2010) -- Human Rights Tribunal has the power to hear complaints that the chronic pain policy of the Workers Compensation Board is discriminatory even though the same issue had already been dealt with by the Board.

Fulawka v. Bank of Nova Scotia (Civil litigation, Employment law; Ont. Superior Ct. of Justice; February 19, 2010) -- Certification of class action claiming overtime pay owing to Scotiabank sales staff allowed.

F.C. v. Canada (Attorney General) (Droit constitutionnel; Droit de la famille; QCCS; 24 février 2010) -- L'article 67 de la Loi d'aide à l'exécution des ordonnances et des ententes familiales porte atteinte à l'article 6(1) de la Charte canadienne des droits et libertés, mais l'atteinte est justifiée en vertu de l'article 1 -- Section 67 of the Family Orders and Agreements Enforcement Assistance Act, while violating section 6(1) of the Canadian Charter
Smith v. Inco Ltd. (Tort law, Damages, Civil litigation; Ont. Superior Ct. of Justice; July 6, 2010) -- Port Colborne property owners awarded $36 million because emissions from Inco refinery contaminated soil on many neighbouring properties with high levels of nickel.

R. v. J.S.S. (Criminal law, Education law; N.B.C.A.; June 30, 2010) -- Trial judge erred by interpreting Department of Education employment policy as proof of trust relationship necessary to establish criminal offence.

R. v. Mader's Tobacco Store Ltd. (Constitutional law; Health law; Nova Scotia Provincial Court; August 18, 2010) -- Sections of Act and Regulations restricting display of tobacco products in a retail store were declared to violate freedom of expression under the Canadian Charter of Rights and Freedoms.

R. v. Latouche (Constitutional law, Maritime and admiralty law, Municipal law; Alta. Prov. Court; May 12, 2010) -- City bylaw requiring boaters to wear a life jacket did not unlawfully encroach into federal jurisdiction regarding Navigation and Shipping.

Tahmourpour v. Canada (Royal Canadian Mounted Police)   -- (Administrative law, Human rights law; July 19, 2010) Tribunal reasonably upheld Tahmourpour's discrimination complaint against RCMP arising from incidents that occurred while he was a cadet.

Holyday v. Toronto (City) (Municipal law; Ont. Superior Ct. of Justice, Div. Ct.; July 19, 2010) -- Bylaw relating to payment of legal expenses for two compliance audits of Toronto City Councillors quashed.

R. v. Delorey (Criminal law; N.S.C.A.; July 22, 2010)   -- Trial judge erred in finding that there was a duty of care upon the accused to inspect the condition of the vehicle tires.

R. v. Broomfield (Criminal law; Ont. Superior Ct. of Justice; July 8, 2010) -- Accused sentenced to seven years' imprisonment for gross parental abuse in giving her infant son potentially lethal dose of cocaine.

R. v. Hobbs (Criminal law; N.S.C.A.; July 15, 2010)   -- New trial ordered because Crown did not disclose it used police to conduct background check of jury pool and used information for peremptory challenges.

Hunter Dickinson Inc. v. Butler (Civil litigation, Damages, Information technology, Tort law; B.C.S.C.; March 30, 2010) -- Butler ordered to pay $425,000 in damages for his defamatory internet postings.

Rousse et Bridgestone Firestone Canada inc. (Santé et sécurité du travail; C.L.P.; 23 juin 2010) -- La Commission de la santé et de la sécurité du travail est condamnée à payer le cannabis consommé par un accidenté du travail. -- The Commission de la santé et de la sécurité du travail was ordered to pay the marijuana prescribed to an injured worker.

Afanasyev v. Canada (Minister of Citizenship and Immigration) (Immigration law; Federal Court; July 8, 2010) -- Immigration officer failed to explain what constituted espionage and how activities by applicant during two years of military service in Russia constituted same.

Broadcasting Act (Can.) (Re) (Information technology, Media and communications law; Fed. C.A.; July 7, 2010) -- ISPs did not carry on "broadcasting undertakings" subject to the Broadcasting Act when, in their role as ISPs, they provided access through the Internet to "broadcasting" requested by end-users.

Law Society of Upper Canada v. Neinstein (Professional responsibility, Legal profession; Ont. C.A.; March 16, 2010) -- Hearing Panel's reasons for finding professional misconduct were so inadequate as to foreclose meaningful review and required a new hearing.

Stoneleigh Motors Ltd. v. General Motors of Canada Ltd. (Alternative dispute resolution, Civil litigation; Ont. Superior Ct. Of Justice; April 19, 2010) -- Dealerships' claims not arbitrable and were properly joined and not to be severed.

Bacon v. Surrey Pretrial Services Centre (Criminal law; B.C.S.C.; June 9, 2010) -- Warden improperly exercised powers to assist police and was directed not to treat Bacon, incarcerated in segregation while on remand, as if he were being perpetually punished or disciplined.

Wellington v. Ontario (Civil litigation, Tort law; Ont. Superior Ct. of Justice, Div. Ct.; June 4, 2010) -- Family of a person killed by police permitted to sue the SIU for damages for alleged negligence in investigating the officers involved in the killing.

R. v. Katigbak (Criminal law; Ont. C.A.; June 8, 2010)   -- Acquittal on charge of possession of child pornography set aside and conviction entered as the materials had no artistic merit nor an educational purpose, and images and Katigbak's acts relating to their possession posed undue risk of harm to children.

Manitoba Métis Federation Inc. v. Canada (Attorney General) (Aboriginal law, Civil litigation; Man. C.A.; July 7, 2010) -- Federal Crown did not breach historical fiduciary and statutory duties to Métis regarding land claims between 1869 and 1890.

Canada (Attorney General) v. United States Steel Corp. (Civil litigation; Fed. C.A.; July 23, 2010) -- U.S. Steel's motion for stay of Attorney General's application pending U.S Steel's appeal from dismissal of its motion challenging validity of ss. 39 and 40 of the Investment Canada Act dismissed.

South Yukon Forest Corp. v. Canada (Contracts, Government law, Tort law; Federal Court; May 5, 2010) -- Damages of $67 million awarded to former owners of Yukon sawmill due to the Minister's cumulative negligence in failing to adequately issue permits which caused the closure of the mill and the subsequent expectation losses.

Attorney General of Canada v. United States Steel Corporation (Constitutional law, Human rights law, Government law; Federal Court; June 14, 2010) -- Section 40 of Investment Canada Act did not violate presumption of innocence as an application under that section was not by nature a criminal proceeding and did not involve penal consequences.

R. v. Syncrude Canada Ltd. (Environmental law, Natural resources law; Alta. P.C.; June 25, 2010) -- Syncrude guilty of environmental charges for failing to deter migratory birds from landing on its tailings pond, resulting in the deaths of over 1,600 birds.

Quizno's Canada Restaurant Corp. v. 2038724 Ontario Ltd. (Civil litigation, Commercial law, Damages; Ont. C.A.; June 24, 2010) -- Certification of action by franchisees against Quizno's as a class proceeding upheld since trial of the common issues would significantly advance the litigation and would serve the objectives of judicial economy and access to justice.

R. v. Tran (Criminal law; Ont. C.A.; June 30, 2010)   -- Stay of proceedings appropriate where nature and degree of horrendous police and state misconduct demanded a remedy beyond adjustment to Tran's sentence.

Isaacs v. Royal Bank of Canada (Civil litigation, Banking and finance law, Real property law; Ont. Superior Ct. of Justice; June 17, 2010) -- In exchange for $6,000, Isaacs agreed to co-sign mortgage for strangers without reading the documents and was therefore liable to the bank upon default.

Latimer v. Canada (Attorney General) (Criminal law; Federal Court; August 5, 2010) -- National Parole Board Appeal Division's decision refusing Latimer's request for expanded day parole privileges set aside and sent back for redetermination without regard to the "exceptional circumstances" test.

Grant v. Canada (Minister of Public Safety and Emergency Preparedness) (Government law; Federal Court; March 4, 2010) -- Minister's reasons for denying Grant's application for transfer to Canada to serve remainder of his prison sentence were wholly inadequate.

R. v. Carr (Criminal law; Ont. C.A.; April 20, 2010)   -- As accused's conduct in spraying corrosive chemical on victim's work areas constituted serious personal injury offence, conditional sentence was unavailable and sentence increased to imprisonment for two years less a day.

Campbell v. Nova Scotia (Minister of Community Services) (Government law; N.S.S.C.; March 30, 2010) -- Since Campbell, who received income assistance, established that medical marijuana was essential to her health and well being, the Minister was ordered to pay these expenses.

R. v. Ramage (Criminal law; Ont. C.A.; July 12, 2010)   -- Trial judge did not err in convicting Ramage on various impaired driving charges and the four year sentence imposed was entitled to deference.

Felipa v. Canada (Minister of Citizenship and Immigration) (Civil litigation, Constitutional law, Immigration law, Legal profession; Federal Ct.; January 26, 2010) -- Mandatory retirement provisions of s. 8(2) of the Federal Courts Act did not preclude a person over the age of 75 from acting as a deputy judge.

Gignac c. Trois-Rivières (Ville de) (Responsabilité civile; QCCS; 30 juin 2010) -- Les policiers de Trois-Rivières n'ont commis aucune faute en 2004 lors du vol raté de Gignac, qui avait alors accidentellement reçu un projectile d'arme à feu. -- Trois-Rivières police officers were not at fault in 2004 when Gignac was accidentally injured by the firearm of an officer during a failed robbery attempt.

Hinzman v. Canada (Minister of Citizenship and Immigration) (Immigration law; Fed. C.A.; July 6, 2010) - - Application judge erred in not holding that the PRRA officer had failed to have regard to the evidence concerning Hinzman's sincere moral, political and religious objections to service with the U.S. military in Iraq.

Private Career Training Institutions Agency v. Vancouver Career College (Burnaby) Inc. (c.o.b. Vancouver Career College) (Commercial law, Information technology; B.C.S.C.; May 28, 2010) -- Petition by regulatory body for injunction prohibiting career college from pursuing use of keyword internet advertising strategy dismissed.

R. v. Khamis (Criminal law; Ont. Court of Justice; August 12, 2010) -- Accused acquitted of all charges stemming from his alleged assaults on three police officers outside nightclub due to their use of excessive force in arresting Khamis and in their treatment of him after his arrest.

R. v. Berner (Criminal law; B.C. Prov. Court; July 27, 2010) -- Accused convicted of dangerous and impaired driving causing the death of a four-year-old child and seriously injuring her aunt.

R. v. Grewal (Criminal law; Alta. Q.B.; May 17, 2010)   -- Grewal was sentenced to 12 months in jail, plus 12 months' probation as part of a group of soccer players who kicked and injured the father of an opposing team member after being provoked by a serious racial and religious slur.

R. v. Christophe (Criminal law, Pensions and benefits law; Ont. Ct. of Justice; April 7, 2010) -- Each of the nine trustees were fined $18,000 following convictions under Pension Benefits Act for failing to comply with quantitative limits provisions for investments.

Hawkins v. Ontario (Attorney General) (Tort law, Professional responsibility, Legal profession; Ont. Superior Ct. of Justice; January 14, 2010) -- Genuine issues for trial existed for malicious prosecution against two former Crown prosecutors.

R. v. Ellis (Criminal law, Immigration law; Ont. Superior Ct. of Justice; April 21, 2010) -- Accused guilty of breach of trust in offering positive refugee decision in exchange for intimate relationship.

R. c. Bariteau (Criminel; QCCS; 21 avril 2010)   -- Condamnée à la prison à perpétuité pour le meurtre non prémédité de son revendeur de drogue, l'ancienne agent d'immeuble Johanne Bariteau devra passer au moins 10 ans derrière les barreaux avant de pouvoir bénéficier d'une libération conditionnelle -- Former real-estate agent Johanne Bariteau, found guilty of second-degree murder in the death of her d
R. v. Gould (Criminel; QCCS; 23 avril 2010)   -- Gould, who beat a woman to death during a party and was convicted for manslaughter, has been sentenced to 12 years in prison plus time served, declared a long-term offender, and the three years he served behind bars while on trial will not reduce his sentence -- Gould, coupable d'homicide involontaire après avoir battu à mort une femme lors d'une fête, est condamné à 12 ans, plus les trois ans dé
R. v. J.J. (Criminal law; Ont. Superior Ct. of Justice; February 1, 2010) -- Although the stimulation techniques used by police amounted to unlawful and disproportionate activity, exclusion of the intercepted communications would bring the administration of justice into disrepute.

R. v. Raham (Criminal law, Transportation law; Ont. C.A.; March 18, 2010) -- Raham's acquittal from stunt driving charge allowed and new trial ordered because presumption of constitutionality meant that if offence reasonably could be interpreted as one of strict liability, it had to be so interpreted.

Barrington v. Institute of Chartered Accountants of Ontario (Professional responsibility, Administrative law; Ont. Sup. Ct. of Justice, Div. Ct.; March 22, 2010) -- Discipline Committee's findings of professional misconduct arising from audit of Livent's 1997 financial statements quashed.

Callaghan v. Canada (Chief Electoral Officer of Canada) (Government law; Federal Court; January 18, 2010) -- Elections Canada improperly refused to reimburse Conservative candidates for their advertising expenses during 2006 elections.

R. v. Katsnelson (Criminal law; Ont. Superior Ct. of Justice; April 14, 2010) -- York University rapist sentenced to eight years' imprisonment for sexual assault of vulnerable young women living in residence.

Cassells v. University of Victoria (Civil litigation, Natural resources law; B.C.S.C.; August 30, 2010) -- Animal rights activist who obtained injunction lacked necessary standing to seek injunctive relief against University's plan to kill some rabbits that had been causing significant damage to campus because of overpopulation.

R. v. K.D.S.A. (Criminal law; N.B.C.A.; April 15, 2010) - - Despite failure of reproductions to explode, the device constructed by the accused met the definition of an explosive substance because it was intended for such use.

Thibodeau c. Association de Basketball de Gatineau (Procédure civile; QCCS; 21 juillet 2010) -- L'Association de Basketball de Gatineau devra réintégrer un joueur qui, après avoir été sélectionné pour l'équipe en compétition aux Jeux du Québec, a été remplacé par un joueur qui s'était remis d'une blessure à temps pour la compétition. -- The Gatineau's basketball team competing

R. v. Zarinchang (Criminal law; Ont. C.A.; April 19, 2010) -- Trial judge erred by failing to balance private and public interests in staying charges due to 24-day delay in obtaining show cause hearing.

R. c. Lavertue (Criminel; QCCS; 21 avril 2010)   -- L'ex- haltérophile olympique Jean Lavertue écope d'une peine d'emprisonnement de huit ans pour trafic de drogues -- Former Canadian Olympic weightlifter Jean Lavertue has been sentenced to eight years behind bars for running a drug-trafficking operation.

Loyola High School c. Courchesne (Droit administratif; Droits et libertés de la personne; QCCS; 18 juin 2010) -- En empêchant Loyola High School d'enseigner de façon confessionnelle la matière "Éthique et culture religieuse", la Ministre a porté atteinte à la liberté de religion garantie par la Charte québécoise. -- When refusing to let Loyola High School teach the Ethics and Religious Culture program from a Catholic perspecti
R. v. Crangle (Criminal law; Ont. C.A.; June 18, 2010)   -- The accused, who had sex with his identical twin's partner in a dark bedroom, was reckless and wilfully blind because he did not take the necessary steps to make his identity clear to the woman.

R. v. J.A. (Criminal law; Ont. C.A.; March 26, 2010)   -- Where a person consented in advance to sexual activity expected to occur while unconscious and did not change her mind, the Crown could not prove lack of consent.

Arkinstall v. Surrey (City) (Constitutional law, Criminal law, Municipal law; B.C.C.A.; May 20, 2010) -- Warrantless entry and inspection of residential premises for regulatory purpose of inspecting electrical systems for safety risks that may have been related to grow-operations violates Charter right protecting against unreasonable search.

Malcolm v. Usprech (Damages, Legal profession, Professional responsibility; Ont. Superior Ct. of Justice; July 22, 2010) -- Client awarded $25,000 in damages for lawyer's negligence and failure to fulfill terms of retainer to pursue personal injury claim arising from 1989 motor vehicle accident.

Fraser Health Authority v. Jongerden (c.o.b. Home on the Range) (Natural resources law, Civil litigation; B.C.S.C.; March 18, 2010) -- Injunction granted prohibiting Jongerden from packaging or distributing raw milk products for human consumption.

R. v. G.C. (Criminal law; Ont. Superior Ct. of Justice; January 12, 2010) -- Accused could not be guilty of manslaughter in death of Jane Creba merely because he was present when his companions committed murder.

Brochu c. Société des loteries du Québec (Loto-Québec) (Procédure civile; QCCS; 23 mars 2010) -- La Cour supérieure du Québec a approuvé une entente hors cour intervenue entre des joueurs pathologiques et Loto-Québec, mettant fin au recours collectif entamé en 2001 -- The Quebec Superior Court approved a settlement between compulsive gamblers and Loto-Québec, putting an end to a class-action lawsuit launched in 2001.

R. v. Bacon (Criminal law; B.C. Provincial Ct.; May 13, 2010) -- James Bacon convicted of possession of weapons and ammunition found in secret compartment in his vehicle during police investigation of an attempted gang-style execution of James.

Stewart v. Vancouver (City) Police Department (Civil litigation, Health law, Professional responsibility, Wills, estates and trusts law; B.C.C.A.; May 12, 2010) -- New trial was ordered for alleged negligence by psychiatrist in his certification and treatment of the appellant, a former convict, pursuant to the Mental Health Act without the appellant's consent.

Bellemare c. Québec (Directeur général des élections) (DGE) (Procédure civile; QCCS; 2 août 2010) -- Bellemare doit contester son assignation devant l'autorité qui l'a émise, laquelle constitue le forum normal pour le faire. -- Bellemare must contest his subpoena before the authority who issued it, which constitutes the appropriate forum to do so.

Corriveau c. Canoë inc. (Responsabilité civile; QCCS; 30 juillet 2010) -- Il y a lieu d'accorder des dommages et intérêts car la négligence grossière de Canoë de vérifier et de supprimer de son site les messages à teneur diffamatoire témoigne de son insouciance sur les effets de tels propos diffamants sur la réputation de Corriveau. -- Damages are allowed because Canoë's gross negligence to verify and delete from its w
Toronto Hydro-Electric System Ltd. v. Ontario (Energy Board) (Natural resources law; Ont. C.A.; April 20, 2010) -- Board did not exceed its jurisdiction when it imposed a duty on Toronto Hydro to obtain the approval of a majority of its independent directors before declaring any future dividends payable to its affiliates.

MacDonald-Ross v. Connect North America Corp. (Damages, Employment law; N.B.Q.B.; July 27, 2010) -- Employee awarded $50,000 in punitive damages for employer's reprehensible and egregious conduct in concocting after-the-fact cause based on unfounded allegations.

R. c. Stone (Criminel; QCCQ; 4 août 2010)   -- Stone a été condamné à 10 ans d'emprisonnement suite à son plaidoyer de culpabilité à 71 chefs d'accusation, dont agression sexuelle, contacts sexuels et leurre. -- Stone, who pleaded guilty to 71 charges, including sexual assault, sexual contact and luring minors, was sentenced to 10 years in prison.

R. v. Woodcock (Criminal law; Ont. Superior Ct. of Justice; August 26, 2010) -- Woodcock and Barnett were sentenced to 12 years' imprisonment for manslaughter in the death of Jane Creba, and eight years' concurrent for the aggravated assaults of four other victims during gunfight on city street.

Bell Canada v. Rogers Communications Inc. (Civil litigation, Information technology, Commercial law; Ont. Superior Ct. of Justice; May 27, 2010) -- Bell's motion for an interim injunction to prevent Rogers from advertising fastest and most reliable Internet service denied for no proof of irreparable harm.

R. v. Banford (Criminal law; Sask. Prov. Court; August 18, 2010) -- Impaired driving charge stayed because accused's right to make full answer and defence under s. 7 of the Charter was violated by the Crown's failure to preserve and disclose an RCMP surveillance video.

Johnson v. Canada (Taxation; Tax Court of Canada; June 14, 2010) -- Aeroplan points redeemed by Johnson in return for ticket he purchased to travel for medical treatment constituted an "amount paid" and qualified as a medical expense.

Manitoba (Child and Family Services, Director) v. D.M.P. (Family law, Constitutional law; Man. Q.B.; February 11, 2010) -- Permanent foster care awarded because emotional well-being of children endangered by parents' actions and white supremacist teachings.

Yukon (Human Rights Commission) v. Yukon (Human Rights Board) (Human rights law; Yukon C.A.; March 17, 2010) -- Employer's removal of the complainant from the workplace was not arbitrary or based on a stereotype in reaction to his mental disability.

R. c. Mastromattéo (Criminel; QCCQ; 29 mars 2010)   -- Mastromattéo, l'ex-chef de police de Deux-Montagnes, est trouvé coupable de fraude, vol et abus de confiance -- Mastromattéo, the former head of the Deux-Montagnes regional police, is found guilty of fraud, theft, breach of trust.

Griffin v. Dell Canada (Alternative dispute resolution, Civil litigation, Commercial law; Ont. C.A.; January 20, 2010) -- Trial judge reasonably concluded enforcing arbitration clause in sale agreements would prevent individual computer purchasers from accessing justice through a class proceeding.

Newfoundland and Labrador (Attorney General) v. Newfoundland and Labrador (Information and Privacy Commissioner) (Civil litigation, Government law, Professional responsibility; Nfld. and Labrador Supreme Court; February 16, 2010) -- Information and Privacy Commissioner was not entitled to review materials claimed as solicitor-client privileged.

Lam v. University of British Columbia (Civil litigation; B.C.C.A.; June 25, 2010) -- Plaintiff's appeal from dismissal of motion to certify action as class proceeding against university in contract and negligence for losses caused by destruction of sperm samples when lab freezer malfunctioned allowed.

Mahjoub (Re) (Immigration law; Fed. Court; June 9, 2010) -- Ministers ordered to review information relied upon in Security Intelligence Report as there were reasonable grounds to believe that information collected from interrogation of informants was obtained by use of torture or cruel, inhuman or degrading treatment or punishment.

R. c. Poirier (Criminel; QCCS; 14 mai 2010)   -- Poirier, coupable du meurtre de quatre personnes, devra purger une peine d'emprisonnement à perpétuité sans possibilité de libération conditionnelle avant 25 ans.

Aquafor Beech Ltd. v. Whyte (Damages, Employment law, Tort law; Ont. Superior Ct. of Justice; May 14, 2010) -- Senior employees' communication to certain clients of their intentions to start a new firm was in the context of close professional relationships rather than improper solicitation.

United States of America v. Khadr (International law; Constitutional law; Ont. Sup. Ct. of Justice; August 4, 2010) -- Stay of an extradition proceeding was granted for shocking and unjustifiable human rights violations by the requesting state.

R. v. Kematch and McKay (Criminal law; Man. C.A.; March 4, 2010) -- Two accused were convicted of first degree murder of a five-year-old child as their confinement and domination of her were sufficiently closely linked to what brought about the death.

R. v. Amara (Criminal law; Ont. Sup. Ct. Of Justice; January 18, 2010) -- Life sentence without parole eligibility for ten years warranted for offender's leadership role in terrorist plot that if executed, had catastrophic consequences with a potential loss of life that was unprecedented in Canada.

Revell v. Heartwell (Health law, Professional responsibility; Ont. C.A.; May 14, 2010) -- Plastic surgeon was negligent in failing to properly warn patient about risks of breast reconstruction procedure.

Morrison v. Hooper (Civil litigation, Family law, Tort law; Ont. Superior Ct. of Justice; August 12, 2010) -- There was no duty in law for a child to supervise an elderly parent who was living independently.

R. v. Dobson (Criminal law, Legal profession, Professional responsibility; Ont. Court of Justice; April 29, 2010) -- New trial ordered due to paralegal's negative credibility and ineffective assistance.

R. v. Schmidt (Natural resources law, Criminal law, Statutory interpretation; Ont. Court of Justice; January 21, 2010) -- Schmidt's distribution of unpasteurized dairy products was reserved solely for paid-up and fully informed cow-share program members.

Saskatchewan (Minister of Justice) v. Thatcher (Criminal law, Constitutional law; Sask. Q.B.; March 15, 2010) -- Application by Crown under Profits of Criminal Notoriety Act for forfeiture of monies earned from publication of book proclaiming Thatcher's innocence allowed.

Leering v. College of Chiropractors of Ontario (Health law, Professional responsibility, Administrative law; Ont. C.A.; February 2, 2010) -- Leering's certificate of registration appropriately revoked pursuant to zero-tolerance mandatory revocation provision in the Health Professions Procedural Code.

KRP Enterprises Inc. v. Haldimand (County) (Civil litigation; Ont. Superior Ct. of Justice; February 8, 2010) -- Certification of class action on behalf of proposed business and property owners for ngegligence and breach of statutory duty against OPP and Ontario Crown arising from aboriginal occupation at Caledonia allowed.

R. v. Schoenborn (Criminal law; B.C.S.C.; February 22, 2010) -- Accused guilty on three counts of first degree murder of his children, but he was not criminally responsible on account of mental disorder.

PHS Community Services Society v. Canada (Attorney General) (Criminal law, Constitutional law, Health law; B.C.C.A.; January 15, 2010) -- Supervised drug injection service did not undermine federal goals of protecting health or eliminating market that drove drug-related offences.

R. c. Jones (Droit criminel, Détermination de la peine; QCCQ; 15 février 2010) -- Jones, qui a plaidé coupable à deux chefs de fraude totalisant plus de 50 millions de dollars, est condamné à une peine de 11 ans d'emprisonnement.

Ontario (Attorney General) v. Ontario (Review Board) (Criminal law, Administrative law; Ont. C.A.; January 21, 2010) -- Ontario Review Board lacked jurisdiction under the Criminal Code to order the Attorney General to pay for independent psychiatric assessment.

R. v. De Zen (Criminal law; Ont. Superior Ct. Of Justice; February 11, 2010) -- Discretionary decision by D.P.P. to compel accused to be tried by judge and jury led to inference that decision was based on partisan considerations and resulted in an abuse of process.

R. v. D.G.F. (Criminal law, Information technology; Ont. C.A.; January 18, 2010) -- Seven year sentence substituted as sentence imposed at trial manifestly unfit and did not adequately reflect gravity of offender's conduct and level of moral blameworthiness.

R. v. Brotherston (Criminal law; B.C. Supreme Ct.; January 29, 2010) -- The accused and his sons were acquitted of second degree murder because they acted in self-defence when they beat and choked the victim to death at a crack house.



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