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Accordingly, he ordered Hryniak to pay more than US$2 million in damages. The ruling marked the first successful use of summary judgment in an Ontario fraud case. [6] The Ontario Court of Appeal heard the appeal together with others, in its first consideration of the 2010 changes made to summary judgment procedures in Ontario. While concluding ...
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
The Supreme Court of Canada (SCC; French: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. [2] It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts.
The Reference re Remuneration of Judges of the Provincial Court (P.E.I.) [1] [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just ...
As a result, Justice John Idington, aged 86, was forced to retire from the Court. Since the Supreme Court was created in 1875, 90 persons have served on the Court. The length of overall service on the Court for the 81 non-incumbent justices ranges from Sir Lyman Duff's 37 years, 101 days, to the 232-day tenure of John Douglas Armour.
Due to controversy about the appointment, the federal government referred the constitutionality of the appointment to the Supreme Court of Canada. In their decision in Reference Re Supreme Court Act, ss 5 and 6, the Supreme Court quashed his appointment, concluding he did not meet the eligibility criteria provided in the Supreme Court Act. [43]
R v Gladue is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the Criminal Code.That provision, enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders.
Hearings of the Supreme Court take place exclusively in the Supreme Court building in Ottawa. [nb 1] The Court sits three times a year for three months at a time starting in January, April, and October. Every two weeks that the Court sits is followed by a two-week break making for a total of 18 weeks a year of hearings.