First Last

Last week the Supreme Court of Canada came out with its long awaited decision in the Combined Air Mechanical Services Inc. v. Flesch omnibus ruling.  The appeals were dismissed; however, the Supreme Court found the Court of Appeal’s full appreciation test too burdensome and creates a new Roadmap/Approach to be used on Summary Judgment motions. The test is as follows: The judge should first determine if there is a genuine….

In October 2013 the British Columbia Court of Appeal released its decision in Carter v. Canada overturning the BC Supreme Court’s decision which, inter alia, determined that s.241(b) of the Criminal Code banning assisted suicide infringed a person’s s.7 Charter rights. The Court of Appeal could not distinguish Carter from the 1993 SCC decision in Rodriguez which upheld s.241(b) and found Rodriguez governed and accordingly overturned the lower court’s decision…..

In the case of Potvin v. Windsor Police Services Board one of the plaintiffs (and the main complainant) was represented by the Public Guardian and Trustee as litigation guardian.  Mr. Potvin claimed he was hit in the head by a Windsor Police officer while being arrested which will cause him significant problems for the rest of his life. The PGT assessed the case after discoveries were complete and were of….