Family law — Whether the monetary remedy for unjust enrichment is restricted to quantum meruit award — Whether evidence of joint family venture should be considered in conferring the remedy — Whether evidence of common intention should be considered in context of resulting trust
Whether the interest earned on bank deposits by a status Indian is exempt from income taxation as personal property "situated on a reserve" under the Indian Act
Whether the interest earned on bank deposits by a status Indian is exempt from income taxation as personal property "situated on a reserve" under the Indian Act
Standard of review of a trial judge's determination of what would bring the administration of justice into disrepute for the purpose of determining whether to exclude evidence under s. 24(2) of the Charter
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McLachlin CJ and Binnie, LeBel, Fish, Abella, Charron and Rothstein JJ
Whether investigator hired by the defence is bound by informer privilege — Whether trial judge committed errors of law allowing appellate review of acquittals for offences of obstructing justice and extortion
The appropriate scope of a human rights tribunal's discretion to determine whether the substance of a complaint has been "appropriately dealt with" when two bodies share jurisdiction over human rights
Whether standard of reasonableness applies to a human rights tribunal's decision to award costs, and whether the tribunal made a reviewable error in awarding costs to the complainant — Whether federal human rights tribunal has jurisdiction to award costs
Whether a matter that was not raised at a tribunal may be judicially reviewed — Whether a tribunal's decision relating to the interpretation of its home statute or statutes closely connected to its functions is reviewable on a standard of reasonableness or correctness
Husband applying to terminate spousal support order on basis of his retirement and the market downturn, and whether the husband had established there had been a material change in circumstances since the original support order
The proper approach to an application for variation of spousal support order under section 17(4.1) of the Divorce Act where support terms of agreement have been incorporated into an order
Whether proof of actus reus without more can support inference that required objective mens rea element is present; Offence of dangerous operation of motor vehicle and whether accused's conduct displayed a marked departure from the standard of care
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Unanimous
Annapolis County District School Board v Marshall 2012 SCC 27 [19]
Canada (AG) v Downtown Eastside Sex Workers United Against Violence Society 2012 SCC 45 [20]
Public interest group and individual working on behalf of sex workers initiating a constitutional challenge to prostitution provisions of the Criminal Code, and whether the public interest group and individual should be granted public interest standing
Whether amendments brought to Criminal Code during accused's trial limiting the evidence that may be adduced in defence to raise a doubt about the reliability of breathalyzer tests have retrospective effect to the time of the alleged offence
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McLachlin CJ and Rothstein J
Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168 2012 SCC 68 [24]
Whether the Canadian Radio-television and Telecommunications Commission has jurisdiction under the federal Broadcast Act to implement a policy empowering private local television stations to negotiate direct compensation for retransmission of signals by cable and satellite companies, as well as the right to prohibit such undertakings from retransmitting those signals if negotiations are unsuccessful
Whether the general warrant power under s. 487.01 of the Criminal Code can authorize prospective production of future text messages from telecommunications service provider's database
Taxation – Amalgamating credit unions seeking to avoid flow-through of certain tax attributes to double claim capital cost allowance and reset preferred rate amount
Whether legislation restricting the collection, use and disclosure of personal information under the Personal Information Protection Act violates expressive rights under s. (b) of the Charter
Whether police officers have right to consult with counsel before making notes on an incident; Whether police officers are entitled to basic legal advice as to the nature of rights and obligations in connection with an incident
Whether Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as it applies to the legal profession, infringes the right to be free from unreasonable search and seizure and the right not to be deprived of liberty otherwise in accordance with principles of fundamental justice under ss. 8 and 7 of the Charter, respectively
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LeBel, Abella, Karakatsanis and Wagner JJ
Potter v New Brunswick Legal Aid Services Commission 2015 SCC 10 [60]
Whether administrative suspension constitutes a unilateral act amounting to a breach of contractviaconstructive dismissal; Whether pension benefits should be deducted from damages for wrongful dismissal
Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867
Whether proceedings under s. 163.2 of the Income Tax Act imposing monetary penalties on every person who makes a false statement that could be used by another person for purposes under that Act are criminal in nature or lead to the imposition of true penal consequences; Whether an individual assessed for same penalties is a person "charged with an offence" within the meaning of s. 11 of the Charter
Whether provisions under the National Defence Act permitting federal offences to be prosecuted within the military justice system in relation to everyone subject to Code of Service Discipline, regardless of the circumstances in which offences were committed, are broader than necessary to achieve their purpose, in violation of s. 7 of the Charter
Whether provincial Languages Act is ultra vires or inoperative insofar that by requiring provincial laws and regulates to be enacted, printed and published in English only, it abrogates the constitutional duty owed by Alberta to enact, print and publish its laws and regulations in both English and French in Rupert's Land and North-Western Territory Order (1870)
Karakatsanis J
McLachlin CJ and Rothstein, Moldaver and Gascon JJ
Whether extradition judge applied the correct principles in relation to double criminality and to own role in assessing the reliability and sufficiency of evidence; Whether extradition judge should consider evidence about possible defences and other exculpating circumstances in deciding whether to commit for extradition; Whether Minister of Justice gave appropriate consideration to the defence of necessity available under Canadian law but not available under the law of the requesting state; Whether Minister of Justice's decision to surrender for extradition was reasonable
Whether trial judge erred in his analysis of circumstantial evidence by requiring that an inference supporting a conclusion other than guilt be based on evidence rather than on a lack of evidence
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Unanimous
Ledcor Construction Ltd v Northbridge Indemnity Insurance Co 2016 SCC 37 [80]