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SUPREME COURT WATCH – RECENT DECISIONS
 

R. v. Conway
Decided June 11, 2010

Charter of Rights and Freedoms – Remedies – Proper approach to determining remedial jurisdiction of administrative tribunals under s.24(1) of Charter


Fullowka et al. v. Royal Oak Ventures Inc.
Decided February 18, 2010

Civil liability for wrongful (tortious) conduct – Whether a parent union is liable for the wrongful actions of its locals, and whether a union is liable for the wrongful actions of its members


Plourde v. Wal-Mart Canada Corp.; Desbiens v. Wal-Mart Canada Corp.
Decided November 27,
2009

Labour relations – Closure of business – Unfair labour practice complaint alleging dismissal because of union activity – Scope of presumption in s.17 of the Quebec Labour Code and of employer's burden of proving "good and sufficient reason" for termination of employment – Whether employer may close its business for anti-union reasons in light of Charter guarantee of freedom of association and Quebec Labour Code provisions protecting employees' right to engage in union activity


Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters
Decided November 26, 2009

Constitutional law – Division of powers – Jurisdiction – Whether local operations of national freight forwarding company that uses third party carrier for interprovincial transportation fall within federal or provincial jurisdiction


Nolan v. Kerry (Canada) Inc.
Decided August 7, 2009

Pensions Pension surplus Plan expenses Whether employer can use surplus arising in defined benefit portion of plan to fund its contribution obligations in defined contribution portion of plan Whether employer can pay plan expenses from the pension fund


Greater Vancouver Transportation Authority v. Canadian Federation of Students – British Columbia Component
Decided July 10, 2009

Constitutional law Charter of Rights Freedom of expression Whether ban on political advertising on transit buses a breach of Charter's s.2(b) guarantee of freedom of expression


Ravndahl v. Saskatchewan
Decided January 29, 2009

Charter of Rights  Equality rights   Limitation of actions  Whether limitation period applies to bar personal claims for constitutional relief and remedies under s.24(1) of the Charter


Shafron v. KRG Insurance Brokers (Western) Inc.
Decided January 23, 2009

Employment law Restrictive covenant Non-competition clause Principles governing severance of ambiguous or unreasonable provisions


 

 
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