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Guindon v Canada, 2015 SCC 41 is a landmark decision of the Supreme Court of Canada on the distinction between criminal and regulatory penalties, for the purposes of s.11 of the Canadian Charter of Rights and Freedoms. It also provides guidance on when the Court will consider constitutional issues when such had not been argued in the lower courts.
Indalex Limited (Re), 2011 ONCA 265 - priority of claims of pension fund in a company bankruptcy; leave to appeal granted by the Supreme Court of Canada, December 1, 2011. [ 1 ] Bedford v.
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices.
The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In ...
From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada.
The CCH six-factor test (as applied to York in the Federal Court decision) Factor Criteria Analysis of York's actions The factors as determined in this case Fair Unfair Purpose of the dealing The focus is on considering the fairness of the goal for which the permitted activity (e.g. research, education) took place. [a 1]
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The court was created on July 2, 2003, by the Courts Administration Service Act [1] when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act). [2]