cases that should have gone to the supreme court

Delay in Civil Matters: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 about delay in civil proceedings and the consequences of failing to advance a lawsuit. In a dispute between two companies, a claim was filed in court but no steps were taken to move the case forward for nine years. As a result, the court dismissed the action for delay. The plaintiff applied to have the dismissal set aside, arguing that the result was unjust, but that request was denied. The decision was upheld on appeal, and the Supreme Court of Canada declined to hear the case.

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

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

Foreign Buyer’s Tax: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 British Columbia’s foreign buyers tax. The province imposed an additional property transfer tax on foreign purchasers in response to the housing crisis, with the goal of prioritizing housing for Canadian residents. The challenge arose when a noncitizen incorporated a Canadian company to purchase property, arguing that because a corporation is a legal person and the company was Canadian, the foreign buyers tax should not apply. The Court of Appeal rejected that argument and upheld the application of the tax. The Supreme Court of Canada declined to hear the appeal.

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

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

Prior Testimony: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 about the admission of prior testimony and out of court statements when a witness is unavailable at trial. At a preliminary inquiry, parties have the opportunity to cross-examine witnesses, and a transcript of that evidence is created. In certain circumstances, that prior testimony can later be admitted at trial under the principled exception to the hearsay rule, on the basis that it is both necessary and sufficiently reliable. In this case, the preliminary inquiry transcript was admitted, but a separate police interview given by the same unavailable witness was excluded. The Supreme Court of Canada declined to hear the appeal.

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

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

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

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 internet defamation and the constitutional limits of permanent court ordered restrictions on speech. After an unpleasant experience at a coffee shop, a customer engaged in a sustained and targeted online campaign against a specific location. The conduct included repeated negative reviews, the creation of fake profiles, and continued postings across multiple platforms over a long period of time. A court initially issued an injunction to stop the behaviour. When that injunction was breached, the court imposed a permanent injunction prohibiting the individual from ever expressing opinions about the business again. The Supreme Court of Canada declined to hear the appeal.

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

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

Cheating on the Bar Exam: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 high-profile case involving alleged cheating on the Ontario bar exam. After irregular answer patterns were flagged, an investigation revealed that a leaked answer key had circulated. The Law Society voided results for everyone who appeared to have used it—without individual hearings. Some candidates challenged this as a breach of procedural fairness. Although initially successful, the Ontario Court of Appeal reversed that decision. The Supreme Court of Canada denied leave to appeal.

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

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

Post-Arrest Statements: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 the legal treatment of post-arrest statements, especially when used to challenge credibility in court. The case involved someone who made a spontaneous statement to police shortly after being arrested, and later testified differently in court. The Crown sought to use the earlier statement to suggest the person had recently fabricated their testimony. The Supreme Court of Canada declined to hear the appeal.

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

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

Computer Searches: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 unpacks a case involving a police search of a computer that raised major privacy concerns. The accused, facing charges related to online conduct, challenged the broad scope of a search conducted on his seized devices. He argued there should be a distinction between the authority to seize a computer and the authority to conduct a full forensic search of its digital contents. The Supreme Court of Canada declined to hear the case.

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

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

Mandatory Alcohol Screening: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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 out of Saskatchewan that challenged the constitutionality of mandatory alcohol screening. After being required to provide a breath sample without any suspicion of impairment, the accused argued that this random breath testing violated Charter rights. The Saskatchewan Court of Appeal was split on the decision, with one judge finding the law unconstitutional. Despite the national impact of mandatory screening, the Supreme Court of Canada refused to hear the case.

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

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

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

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 »

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

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