A caveat at the outset of my comments: I represented Hassan Almrei on his third detention review, held before Justice Lemieux, and I was one of the special advocates for Mr. Almrei on the reasonableness hearing held before Justice Mosley which is the focus of the article...

As the Supreme Court recognized in Canada (Minister of Citizenship and Immigration) v. Singh, “public safety and national security [are] the most serious concerns of government.” Combating the threat of transnational terrorism presents a particular set of challenges for democratic governments.

In its recent judgment in Galav. Perez, the Supreme Court of Canada has clarified the law relating to ad hoc fiduciary duties.mbos

On December 14, 2009, the Ontario Superior Court released its long-awaited reasons in Silver et al v. IMAX Corporation et al, Ontario Superior Court of Justice, Court File No. CV-06-3257-00 (“IMAX”).

In a decision released August 26th, 2009, the Ontario Superior Court of Justice in United States v. Yemec has taken a bold step in recognizing the possibility of a new impeachment defence of Audi Alteram Partem (Latin: hear the other side), to the enforcement of a foreign judgments in Canada. 

In an attempt to ease the burden of litigants dealing with out-of-province defendants, a five-member panel of the Ontario Court of Appeal has recently overhauled (again) the law of assumed jurisdiction in the province. In Van Breda v. Village Resorts Ltd., 2010 ONCA 84, the Court revisited and restated the oft-criticized common-law test originally set out in Muscutt v. Courcelles (2002), 60 O.R. (3d) (C.A.), in favour of a “refined” and “simplified” test.

The title above is not a rhetorical question. Rather, this is a question that recently faced the Ontario Municipal Board in Dorsay Investments Limited and 1666500 Ontario Inc. v. City of Toronto (OMB Case No. PL070048), a case involving a proposed redesignation of lands designated for employment uses to allow a mixed-use development containing a substantial residential component.

Many lawyers and activists contemplate alternatives for advancing social justice through law. The topic was one of the issues addressed at the OBA 8th Annual Conference on the Canadian Charter of Rights and Freedoms.

Disinformation about the democratic process could be opening a back door to “constitutional revolution”. That was the warning sounded by Professors Lorraine E. Weinrib and Peter H. Russell at the Ontario Bar Association’s 8th Annual Charter Conference.

According to Jamie Cameron, Paul Schabas, and Delmar Doucette, coming months should provide ample fodder for scholars and practitioners in the area of free expression. All three lawyers were panellists at the OBA’s December 1st dinner program entitled “Bus Ads, Media Sources and Publication Bans”.