On this long overdue episode of the pod, Professor Hilary Young and Robert Danay discuss the apparent new trend in which judges in Canada have been creating new common law torts. Some of the cases discussed include: Ahluwalia v. Ahluwalia, 2022 ONSC 1303 in which Mandhane J. created the new tort of family violence; Caplan v. Atas, 2021 ONSC 670 in …

In this inaugural Stereo Decisis "Shorts" episode, we pay tribute to the legacy of Joseph Arvay, QC, who passed away on December 7, 2020 at the age of 71. Cases of Arvay's mentioned in the episode include: Canada (Attorney General) v. Bedford, 2013 SCC 72 Carter v. Canada (Attorney General), 2015 SCC 5 Canada (Attorney General) v. PHS Community Ser…

In this episode of Stereo Decisis, Hilary Young and Robert Danay are joined by the former Dean of the University of Calgary's Faculty of Law, Patricia Hughes. The discussion focuses on the appeal of R. v. Sears, 2019 ONCJ 104 in which James Sears and Leroy St. Germaine were convicted of wilful promotion of hatred contrary to s. 319 of the Criminal …

On this episode of the podcast, Hilary Young and Robert Danay are joined by constitutional litigator and self-styled "Blackademic," Joshua Sealy-Harrington. The discussion primarily centred on the recent decision of the Supreme Court of Canada in R. v. Chouhan, which was a constitutional challenge to Bill C-75, a law that removed the ability of an …

On this episode of Stereo Decisis, Oliver Pulleyblank, Hilary Young and Robert Danay are joined by Angela Swan, who was recently described as "nothing short of a venerated celebrity in both Canadian contract law and the Canadian legal community at large." Angela brings her decades of experience and expertise to discuss COVID-19 and contractual clau…

On this episode of Stereo Decisis, Hilary Young, Robert Danay and Oliver Pulleyblank are joined by Justice Lorne Sossin of the Ontario Superior Court of Justice to discuss some of the challenges and opportunities that Canadian courts are navigating as a result of the COVID-19 pandemic. During the discussion, Rob mentions: A recent article by Chief …

On this episode of Stereo Decisis, Robert Danay, Oliver Pulleyblank and Hilary Young are joined by David Quayat to discuss the recent decision of the Supreme Court of Canada in Nevsun Resources Ltd. v. Araya, 2020 SCC 5. This case involves three former workers at a mine in Eritrea who launched a lawsuit in British Columbia seeking damages from a Ca…

On this, our first post-coronavirus pandemic episode, Hilary Young and Robert Danay are joined by Steven Penney, Professor of Law at the University of Alberta Faculty of Law, to discuss R v Brown, 2020 ABQB 166. This was a case that gained national attention, in which a young man with no history of violence, consumed alcohol and magic mushrooms and…

On this episode of Stereo Decisis, Robert Danay and Oliver Pulleyblank are joined by Caroline Mandell, a legal writing coach, litigation consultant and former counsel to the Court of Appeal for Ontario to discuss the Supreme Court's landmark administrative law decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. Car…

On this edition of stereo decisis, Hilary Young, Robert Danay and Oliver Pulleyblank discuss the recent decision of the Supreme Court of Canada in Kosoian v. Société de transport de Montréal, 2019 SCC 59, which involved a woman who won a decade long battle for compensation after being wrongfully arrested for failing to hold the handrail on an escal…

On this episode of Stereo Decisis, Hilary Young and Robert Danay are joined by Professor Carys Craig (Osgoode Hall Law School) to discuss the recent decision of the Supreme Court of Canada in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43. The discussion touches on: Vaver, David. “Copyright and the State in Canada and the United States” (1996)…

On this long overdue episode of the podcast, Hilary Young, Oliver Pulleyblank and Robert Danay are joined by Professor Paul Daly of the University of Ottawa (and the influential Administrative Law Matters blog) to discuss the recent decision of the UK Supreme Court in Miller, R (on the application of) v The Prime Minister [2019] UKSC 41 (also known…

On this episode of the podcast, Oliver Pulleyblank, Hilary Young and Robert Danay are joined by guest Jane Thomson to discuss a variety of topics that happen to relate to death. The first flows out of a recent case in which two parents were granted the right by a court to harvest the sperm of their deceased son for the purposes of creating a grandc…

On this episode of the podcast, Hilary Young, Oliver Pulleyblank and Robert Danay discuss the recent decision of the Quebec Court of Appeal in 9147-0732 Québec inc v Directeur des poursuites criminelles et pénales, 2019 QCCA 373 in which a majority of the Court found that corporations enjoy protection against cruel and unusual punishment under s. 1…

On this week's episode of the pod, Hilary Young, Robert Danay and Oliver Pulleyblank discuss: The recent decision of the Supreme Court of Canada in R v. Jarvis, 2019 SCC 10 in which the Court held that a high school English teacher ought to be convicted of voyeurism after he surreptitiously filmed his female students using a pen camera; Issues abou…

On this episode of the show Hilary Young, Oliver Pulleyblank and Robert Danay discuss the recent guilty plea to dangerous driving offences by the accused in the tragic Humboldt Broncos bus crash, the decision of the United Nations Human Rights Committee that the Indian Act discriminates against women and the decision of the recent decision of the S…

On this week's episode of Stereo Decisis, the crew discuss the recent decisions of the Supreme Court of Canada in R. v. Vice Media Canada Inc., 2018 SCC 53 and Moore v. Sweet, 2018 SCC 52 as well as the federal government's recent announcement that it will introduce legislation devolving control over child welfare to Indigenous governments. In obit…

On this week's episode of stereo decisis, the crew discuss the decision of the European Court of Justice that tastes may not be copyrighted, Statistics Canada's controversial attempt at collecting Canadians' banking information and the Supreme Court of Canada's decision absolving Joseph Groia of law society disciplinary sanctions for uncivil conduc…

On this week's episode of Stereo Decisis, Hilary Young, Oliver Pulleyblank and Robert Danay discuss some recent developments in the area of medical assistance in dying ("MAID") in Canada. The discussion is sparked by the case of Audrey Parker, who had terminal brain cancer and elected to die earlier than she wanted because she feared losing the cap…

On this week's episode of the show, Hilary Young and Robert Danay are joined by Professor Emmett MacFarlane to discuss the recent lawsuit by Emilie Taman and others in which they allege that the Mayor of Ottawa, Jim Watson, violated their constitutional free expression rights when he blocked them on Twitter. In so doing, they mention the excellent …

On this week's episode of Stereo Decisis, Rob Danay and Hilary Young are joined by their old colleague, Professor Howie Kislowicz of the University of Calgary Faculty of Law to discuss the proposal by the premier-designate of Quebec, Francois Legault, to ban the wearing of religious symbols by public employees as well as the lawsuit brought by Toro…

On this week's episode of Stereo Decisis, Hilary Young, Oliver Pulleyblank and Rob Danay discuss the decision of the federal government not to appeal the Federal Court of Appeal's decision on the TransMountain pipeline and to appoint retired Supreme Court Justice Frank Iacobucci to oversee consultation with Indigenous groups and the controversy ove…

On this week's episode of the pod, Hilary Young, Oliver Pulleyblank and Rob Danay discuss: The decision of the 9th circuit court of appeals in the United States to order a new trial on the question of whether Led Zeppelin's "Stairway to Heaven" violates copyright; The apparent decision of Canada's Privacy Commissioner to refer a question to the Fed…

On this week's episode of the pod, Hilary Young, Robert Danay and Oliver Pulleyblank discuss the decision of the Supreme Court of Canada in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38, which concerned the ability of a copyright owner to gain easy access to the identities of alleged copyright infringers; the Federal Court judici…

On this week's episode of the pod, Rob Danay, Hilary Young and Oliver Pulleyblank discuss the recent saga in Ontario involving legislation reducing the size of Toronto City Council that was struck down as unconstitutional by the Ontario Superior Court of Justice before the Ford government threatened to re-introduce the legislation using the notwith…