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The Coalition appealed the fair dealing issue to the Supreme Court maintaining that the Board's conclusion was not in accordance with the test in CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 SCR 339 and was therefore unreasonable.
In a unanimous decision written by Major and Deschamps JJ, the Court upheld the decision of the Court of Appeal, but for different reasons. The Court of Appeal had relied heavily on the SCC's ruling in 373409 Alberta Ltd (Receiver of) v Bank of Montreal [2] in reaching its decision. However, that case was concerned with the corporation's rights ...
Reference Re Public Service Employee Relations Act (Alta) [1987] 1 S.C.R. 313, commonly referred to as the Alberta Reference, was a leading opinion of the Supreme Court of Canada on the right to freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms.
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
Mahé v Alberta, [1990] 1 S.C.R. 342, is a leading decision of the Supreme Court of Canada.The ruling is notable because the court established that section 23 of the Canadian Charter of Rights and Freedoms requires parents of the official-language minority in each province to have the right either to be represented on the school board or to have a school board of their own to provide adequate ...
Vriend v Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.
The Alberta Court of Appeal later allowed the respondents' appeal and dismissed Bhasin's lawsuit, finding his pleadings to be insufficient and holding that the lower court erred by implying a term of good faith in the context of an unambiguous contract containing an entire agreement clause. Bhasin appealed to the Supreme Court of Canada.
Decisions that do not note a Justice delivering the Court's reason are per coram. Multiple concurrences and dissents within a case are numbered, with joining votes numbered accordingly. Justices occasionally join multiple reasons in a single case; each vote is subdivided accordingly. Multiple unnumbered reasons are jointly written or delivered.