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Supreme Court Hearings
Are commercial landlords exempt from the duty to mitigate damages? If the common law is able to grow and adapt to changing conditions, when and how should lower courts depart from Supreme Court of Canada decisions on common law? In the absence of factual matrix evidence, should courts apply the plain meaning of the parties’ chosen words when interpreting a contract? (February 18, 2026)
Does section 320.31(9) infringe section 7 of the Charter? If section 320.31(9) infringes section 7 of the Charter, is the infringement nonetheless a reasonable limit that is demonstrably justified under section 1 of the Charter? If section 320.31(9) does not infringe section 7 of the Charter, what is the appropriate remedy? (February 17, 2026)
Did the Court of Appeal err in law in ordering that the agreement to settle the authorized class action be submitted to the court by the applicants/defendants for approval? Did the Court of Appeal’s order requiring submission of the settlement agreement for approval place counsel in a conflict of interest and compromise their ethical obligations? Did the Court of Appeal err in ruling that a lawyer acting for plaintiffs in a class action has a solicitor-client relationship only with the class representative? Did the Court of Appeal err in ruling that a lawyer acting for plaintiffs in a class action does not represent the class members? Did the Court of Appeal err in ruling that a lawyer acting for plaintiffs in a class action owes no duty to act in the best interests of the class where those interests conflict with the instructions of the class representative? Did the Court of Appeal err by breaching its duty to protect the interests of absent class members, particularly where those interests conflict with those of the class representative? / Did the Court of Appeal err in asking the defendants to submit an amended settlement agreement for approval if Mr. Gobeil and Mr. Walter refused to do so? Did the Court of Appeal err in law in holding that art. 2633 C.C.Q. and art. 528 C.C.P., governing homologation under ordinary law, apply to the approval of a class action settlement? Did the Court of Appeal err in law in concluding that arts. 2633 C.C.Q. and 528 C.C.P. govern the process for approval of a class action settlement? (February 16, 2026)
Did the trial judge err in interpreting the notion of “irregularity”? Did the trial judge err in determining the consequences of the irregularity on the integrity of the electoral system? Did the trial judge err in imposing a burden on the voter that was greater than that required under the Canada Elections Act? (February 13, 2026)
Do the conflict-of-interest principles established in MacDonald Estate apply by analogy to the disqualification of a lawyer for insufficient professional distance? What criteria should guide a trial judge in deciding whether to disqualify a lawyer for failing to maintain sufficient professional distance consistent with their duties as an officer of the court? (February 12, 2026)
Did the event set out in section 161(7)(b)(iv) occur when the Minister reassessed the taxpayer’s previous taxation year at a later date? What is the proper construction of section 161(7)(b)(iv)? How should the words “where, as a consequence of a request in writing, the Minister reassessed the taxpayer’s tax for a previous year to take into account the deduction of a loss” be interpreted? (January 21, 2026)
Did the Court of Appeal err in finding that the stop power considered in Ladouceur does not exist at common law? Did the Court of Appeal err in finding that the stop power provided for in s. 636 of the Highway Safety Code unjustifiably infringes s. 7, 9, and 15(1) of the Canadian Charter of Rights and Freedoms? (January 20, 2026)
Did the Court of Appeal err in finding that the stop power considered in Ladouceur does not exist at common law? Did the Court of Appeal err in finding that the stop power provided for in s. 636 of the Highway Safety Code unjustifiably infringes s. 7, 9, and 15(1) of the Canadian Charter of Rights and Freedoms? (January 19, 2026)
Is the possibility of political oversight an adequate alternative remedy to judicial review? Does the partial privative clause in section 66 of the Conflict of Interest Act preclude an application for judicial review? If the partial privative clause in section 66 of the Conflict of Interest Act precludes an application for judicial review, is section 66 of no force or effect because it is inconsistent with the Constitution Act, 1867? (January 15, 2026)
Is the possibility of political oversight an adequate alternative remedy to judicial review? Does the partial privative clause in section 66 of the Conflict of Interest Act preclude an application for judicial review? If the partial privative clause in section 66 of the Conflict of Interest Act precludes an application for judicial review, is section 66 of no force or effect because it is inconsistent with the Constitution Act, 1867? (January 14, 2026)
What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply?
What is the appropriate remedy for spoliation? What should the appropriate remedy for spoliation have been in this case? (December 10, 2025)
What is the potential effect of a declaration of Aboriginal title in favour of an Indigenous claimant in respect of lands over which a different Indigenous nation has existing section 35 rights under a modern treaty, including modified Aboriginal title? Did the lower courts err in their interpretation of the Nisga’a Treaty by concluding that the Treaty Party Provisions were not operative until the plaintiffs established Aboriginal title? Did the lower courts err by concluding that Rule 6-2(7) joinder applied to competing Aboriginal title claims but not to competing rights recognized under a modern treaty? Should competing Aboriginal claims in respect of the same territory be dealt with in the same proceeding where a third-party claim is at issue? Should the chambers judge’s order granting a second Aboriginal group permission to file a third-party claim be restored? Does the second Aboriginal group have standing to be joined as a defendant in the first group’s action? Is the second group entitled to be joined as a defendant based on the criteria of necessity, direct interest, and whether it is just and convenient to do so? Does the second group’s application for standing and joinder constitute an abuse of process?
Did the application judge misapply the governing principles on s. 11(b) Charter litigation by miscalculating the net delay and failing to properly assess complexity? Should the determination of complexity, for the purposes of an exceptional circumstance under the s. 11(b) framework, be evaluated within the context of the case as a whole?
How can the principles of causation be applied in the context of women’s healthcare in Canada? What is required to show factual causation, and how should courts engage with counterfactual analyses? What is required to establish legal causation and to demonstrate meaningful consideration of the applicable test? What is the permissible nature and extent of appellate courts’ power to review the trial record when assessing the sufficiency of reasons that are, on their face, deficient?
Does s. 286.1(2)(a) of the Criminal Code breach s. 12 of the Canadian Charter of Rights and Freedoms? If s. 286.1(2)(a) of the Criminal Code breaches s. 12 of the Canadian Charter, is it a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under section 1 of the Charter?
Did the Court of Appeal exceed jurisdiction by allowing appeal and quashing acquittal under Criminal Code, R.S.C. 1985, c. C-46, s. 171.1(1)(b)? Did the Court of Appeal exceed jurisdiction by substituting conviction for acquittal under s. 171.1(1)(b) based on its own findings of fact?
Do SGS’s labour relations fall directly under federal jurisdiction over works declared for the general advantage of Canada pursuant to section 92(10)(c) of the Constitution Act, 1867, by reason of its inspection activities? Do SGS’s labour relations fall derivatively under federal jurisdiction over works declared for the general advantage of Canada pursuant to section 92(10)(c) of the Constitution Act, 1867, by reason of its inspection
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