The Complete Brief
-
June 13, 2025
SCC rules admissibility of Crown-led ‘sexual inactivity’ evidence must be decided in a voir dire
Holding 9-0 that evidence of a complainant’s “sexual inactivity” forms part of their “sexual history” — and is therefore presumptively inadmissible at trial — the Supreme Court of Canada has also clarified that the common law screening procedure for Crown‑led sexual history evidence “should mirror” the s. 276 Criminal Code regime that applies in a voir dire for defence-led sexual history evidence.
-
June 13, 2025
Supreme Court Kinamore ruling clarifies rules on sexual history in trials
A fair match in sports requires teams to confront each other on a level playing field. The analogy holds for the courtroom as well. Sexual offence trials in Canada have become increasingly complex, partly due to confusion surrounding the rules governing evidence of a complainant’s sexual history. These rules, designed to prevent reliance on discriminatory myths and protect complainants’ rights, have resulted in uncertainty and disruption during trials. In the recent case of R. v. Kinamore, 2025 SCC 19, Canada’s highest court sought to level the playing field.
-
June 13, 2025
Competition Bureau monitoring Loblaw’s elimination of property controls
With Loblaw’s recent commitment towards ending its property controls, the Competition Bureau has announced that it will be monitoring the company’s activities on the matter.
-
June 13, 2025
Alberta court orders Nova to pay Dow $1.62B more in ethylene dispute
The Alberta Court of King’s Bench has ordered Nova Chemicals to pay damages of $1.62 billion to Dow in addition to a previous payment of $1.43 billion for losses related to the companies’ jointly owned ethylene plant in Joffre, Alta.
-
June 13, 2025
Former Supreme Court Justice La Forest dies
Former Supreme Court Justice Gérard Vincent La Forest has died. Justice La Forest, whose long legal career also encompassed government work, private sector lawyering, teaching and sitting on an East Coast appeal court, died June 12, according to a news release. He was 99.
-
June 13, 2025
Trial judge erred in interpreting resulting trust in property dispute, finds B.C. Court of Appeal
In a mother-son dispute over a property, the B.C. Court of Appeal has found that the lower court judge committed a palpable and overriding error in interpreting the respondent’s resulting trust claim.
-
June 13, 2025
OSC releases framework for distributing disgorged funds collected to harmed investors
The Ontario Securities Commission (OSC) has issued final rules to “implement a new statutory framework that will facilitate distributing amounts collected by the OSC under disgorgement orders to harmed investors.”
-
June 13, 2025
Musings do not always give rise to enforceable promises, Ontario court says in dispute over farm
Ontario’s top court has overturned a decision that awarded damages to a man and his partner in a dispute over his parents’ farm, saying the judge in the case was wrong to raise the issue of proprietary estoppel.
-
June 13, 2025
Christopher Johnson receives CBABC award for contributions to legal aid
The Canadian Bar Association, B.C. Branch (CBABC) has recognized criminal justice lawyer Christopher Johnson with the Georges A. Goyer, QC Memorial Award for Distinguished Service.
-
June 13, 2025
FOR TORTS - Fraud and misrepresentation
Appeal by appellants from trial judge’s finding of liability and remedy in respondent’s (McKenzie-Barnswell) action against them seeking nullification of their mortgage and construction contract, alleging fraud.