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Locality: Toronto, Ontario

Address: 4700 Keele Street M3J 1P3 Toronto, ON, Canada

Website: www.thecourt.ca

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TheCourt.ca 05.01.2021

The SCC will consider the constitutional validity of the Criminal Code provision that prohibits the use of the extreme intoxication defence for violent offences. Julia Schabas breaks down the ONCA's ruling and discusses the case's implications. http://www.thecourt.ca/r-v-sullivan-scc-will-hear-constitu/

TheCourt.ca 01.01.2021

Can a plaintiff’s injury during surgery provide circumstantial evidence that their surgeon breached the standard of care? In Armstrong v. Ward, the SCC will consider the relationship between standard of care and causation in medical negligence suits. Erin Sobat has more before the January 18th hearing. http://www.thecourt.ca/scc-to-review-standard-of-care-and-/

TheCourt.ca 12.12.2020

In this post, Ali Imrie reviews the key court decisions of 2020, and highlights what to watch for at the courts in 2021. http://www.thecourt.ca/2020-year-in-review/

TheCourt.ca 06.12.2020

The Saskatchewan Court of Appeal found that a nurse's posts to her personal social media accounts do not constitute professional misconduct. Julia Schabas breaks down the court's reasoning in Strom v SRNA and the extent to which regulators can discipline members' off-duty conduct. http://www.thecourt.ca/strom-v-srna-nurses-personal-social/

TheCourt.ca 21.11.2020

Fahamida Zahan discusses Lascaris v B’nai Brith Canada and the SCC denying leave to appeal, demonstrating the necessary constraints of anti-SLAPP legislation. http://www.thecourt.ca/lascaris-v-bnai-brith-canada-scc-lea

TheCourt.ca 12.11.2020

A conviction for breach of a bail condition requires proving subjective mens rea. Erin Sobat reviews the SCC’s renewed call for reasonable bail conditions in R. v. Zora, decided this past summer. http://www.thecourt.ca/r-v-zora-scc-renews-call-for-restra/

TheCourt.ca 11.11.2020

With Taylor v Her Majesty the Queen, Kerry-Ann Cornwall reviews what may be one of the first in a series of court challenges about the constitutionality of COVID-19 related legislation aimed at restricting certain activities. http://www.thecourt.ca/taylor-v-her-majesty-the-queen-the-/

TheCourt.ca 26.10.2020

Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp reaffirms that pre- and post-incorporation contracts are bound by traditional contract law provisions. Adrian Zee explains the details http://www.thecourt.ca/owners-strata-plan-lms-3905-v-cryst/

TheCourt.ca 24.10.2020

In R v Canfield, the Alberta Court of Appeal found that unrestricted searches of traveller’s electronic devices at the border was unconstitutional. Julia Schabas takes a look at the decision and what it means for the future of digital privacy at the border. http://www.thecourt.ca/r-v-canfield-unrestricted-searches-/

TheCourt.ca 22.10.2020

Fahamida Zahan reviews the sentencing principles the SCC highlights for sexual offences against children in R v Friesen, discussing the importance of contextualizing systemic inequalities that often perpetuate cycles of violence. http://www.thecourt.ca/sentencing-principles-for-sexual-of/

TheCourt.ca 09.10.2020

Where's the maple syrup? In this article, Grace Shin asks whether the SCC in R v Vallières will collect $10 million in fines in lieu of stolen maple syrup and what the aftermath of the decision might be for future major fraud cases. http://www.thecourt.ca/a-sticky-situation-scc-grants-leave/