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Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation examines a case involving a defamation lawsuit between a home building company and dissatisfied homeowners. After the homeowners posted negative reviews online, the company sued for defamation. The homeowners responded by seeking to have the case dismissed under British Columbia’s anti-SLAPP legislation, arguing that their posts constituted expression on a matter of public interest. The Supreme Court of Canada declined to hear the case, leaving open significant questions about how far anti-SLAPP protections extend in private disputes.

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Defamation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation examines a case involving an arrest for obstruction in the context of a routine traffic enforcement encounter. A person who was pulled over for a regulatory traffic matter—such as speeding or running a red light—was arrested for obstruction when they attempted to leave. Although the trial judge found the arrest unlawful, the Court of Appeal reversed that decision. The Supreme Court of Canada declined to hear the case, leaving unresolved questions about the scope of police powers in regulatory versus criminal contexts.

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Obstruction of a Police Officer: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation explores a case challenging a provincial Airbnb ban. The applicant, who operated multiple short-term rentals, argued that the new licensing regime violated his Charter rights—specifically, his right to equality under section 15. While the courts rejected the claim and the Supreme Court of Canada declined to hear the case, it raised important questions about the intersection of economic participation, immutable characteristics, and evolving forms of work in the gig economy.

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Airbnb Bans: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »