cases that should have gone to the supreme court

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 discusses a case involving a denied adjournment request in the context of mental and physical health. During a real estate dispute, a buyer asked the court to delay a summary trial due to health-related limitations. The adjournment was denied, and the trial proceeded. The buyer lost and was ordered to pay over $150,000. On appeal and in a leave application to the Supreme Court of Canada, they argued that Canada needs a clearer, more consistent framework for health-related adjournment requests. The Court declined to hear the case—missing a critical opportunity to address fairness and access to justice for individuals with disabilities.

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Adjournments for Health Reasons: 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 breaks down a surprising contract case involving the use of a thumbs-up emoji. A buyer sent contract terms for the sale of flax, and the seller responded with a thumbs-up emoji. The buyer believed this created a binding agreement. The seller disagreed and refused to deliver the flax. The court found that the emoji did indicate agreement and upheld the contract. The Court of Appeal affirmed the decision. The Supreme Court of Canada declined to hear the case, leaving unresolved questions about how modern digital communication fits into established legal principles.

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Contracts and Emojis: 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 discusses a case involving the intersection of heritage preservation, private property rights, and land use planning. After purchasing a monastery and applying for demolition permits to redevelop the site, the new owners found their plans halted when the city designated the property as a heritage site. They argued this was a form of de facto expropriation. The courts rejected their claim, and the Supreme Court of Canada declined to hear the appeal—missing a key opportunity to provide national guidance on what constitutes compensable expropriation in a modern urban planning context.

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

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Wiretaps: 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 discusses the case of Alberta lawyer Shawn Beaver, who was disbarred after misappropriating over $300,000 in client trust funds. Mr. Beaver challenged his disbarment on the grounds that mental health issues contributed to his misconduct—a claim ultimately rejected by the Alberta Court of Appeal. The Supreme Court of Canada declined to hear the appeal, missing a vital opportunity to define how mental health should be considered in professional discipline cases.

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Misappropriation of Trust Funds and Mental Health: 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 discusses a series of constitutional challenges to amendments in the Criminal Code that significantly restricted the use of provocation to reduce murder charges to manslaughter—raising critical questions about legal consistency, federal criminal law, and the right to a fair defence.

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