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The LPA replaced the former enduring powers of attorney (EPA) which were narrower in scope. [1] Their purpose is to meet the needs of those who can see a time when they will lack capacity to look after their own affairs. There are two types of LPA: health and welfare, and property and financial affairs; either or both may be created. [2]
Alison Braley, writing in the McGill Law Journal, was critical of the majority reasons, writing that "Fraser undoubtedly provides a setback for workers' collective bargaining rights in Canada." [ 8 ] In the Ottawa Law Review, Professor Brian Langille criticized the logic underpinning the majority's reasons, and the adoption of a "substantial ...
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...
The lawsuit named as defendants the Attorney General of British Columbia, the Attorney General of Canada, and two groups of intervenors who opposed the plaintiffs' claim. . These groups, named by Steeves as "Patient Intervenors" and "Coalition Intervenors," were, respectively, a four-person group of non-expert citizens who said they "experienced harm while being treated by physicians engaging ...
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]
A majority of the Supreme Court of Canada, encompassing six of seven justices, allowed the appeal and struck down both laws in question. The majority opinion sought to "clarify the scope of the constitutional protection of collective bargaining" recognized in BC Health Services and Fraser. [5] The Court summarized section 2(d) protections as ...
Quebec (Attorney General) v. Canadian Owners and Pilots Association , 2010 SCC 39, [2010] 2 SCR 536, also referred to as Quebec v. COPA , is a leading case of the Supreme Court of Canada on determining the applicability of the doctrines of interjurisdictional immunity and federal paramountcy in Canadian constitutional law.
Canada (AG) v Hislop, 2007 SCC 10 is a leading decision of the Supreme Court of Canada on equality rights under section 15 of the Canadian Charter of Rights and Freedoms and the retroactivity of Charter remedies. The Court struck down provisions in the amended Canada Pension Plan on grounds that