Search results
Results from the WOW.Com Content Network
Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is the final court for most matters originating in Alberta.
"This appeal by special leave is presented by the Attorney-General of Alberta against the decision of the Supreme Court of Canada dated the 2nd December, 1941, which answered certain questions concerning the constitutional validity of the Debt Adjustment Act, 1937, of the Province of Alberta as amended by five later Acts." Viscount Maugham
Central Alberta Dairy Pool v Alberta (Human Rights Commission), [1990] 2 SCR 489, is a leading human rights law decision of the Supreme Court of Canada.The Court expanded on the concept of accommodation up to undue hardship first established in Ontario (Human Rights Commission) v Simpsons-Sears Ltd, [1985] 2 SCR 536 and provided a set of factors to consider when evaluating undue hardship.
The Supreme Court had partially invalided (for extreme intoxication akin to automatism) a similar common law rule (the Leary rule) in R v Daviault, and it was in fact the backlash to Daviault which had even spurred Parliament to enact section 33.1. Judge Willie Dewit for the Alberta Court of Queen's Bench struck down the provision. Judge ...
The following is a list of notable decisions by the Supreme Court of Canada sorted by author.. Understanding what cases were authored by whom can be important. For example, in early interpretation of the Canadian Charter of Rights and Freedoms, it has been said there was much agreement.
The new provincial Supreme Court inherited much of the jurisdiction of the territorial Supreme Court. Some jurisdiction of the territorial court was assigned to several lower district courts created at the same time as the new provincial Supreme Court. In 1921, the Supreme Court was reorganized to have an independent trial division (Supreme ...
Schmidt v Calgary Board of Education (Alberta Supreme Court, Appellate Division, Sinclair, Clement and Moir, JJ.A. October 26, 1976) is the basis for the legal requirement in Alberta that, where a separate school jurisdiction exists (they exist in only some of Alberta), members of the minority faith that established the separate school jurisdiction must be considered and treated as residents ...
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.