Tom Slade

Partner @supremeadvocacy, appellate lawyer & Ottawa #SCC agent, alum @JSchool_CU, Supreme Court of Canada predictions @fantasycourts

[Paul Warchuk @PAWarchuk]

Are pre-1970 @SCC_eng @CSC_fra precedents still legally relevant?

After analyzing around 1.5 million citations found in 5000 appeal factums and 468,500 judicial and administrative decisions, I think so.

Draft paper here:
https://t.co/9ylo0qM94o

[Tom Slade @thomasslade]

@lauren_wihak Congrats!

[Tom Slade @thomasslade]

@jay_saf I didn't expect the Court to be casting off Sault Dock. I always thought it was a bit less stringent than the SCC test as it referred to public importance and other factors. Also didn't think of it as a checklist. Good to see it's expected to be more flexible now though.

[Justin Safayeni @jay_saf]

New: ONCA abandons "Sault Dock" test for leave to appeal in favour of "updated and more flexible approach" asking whether "the impact which the decision on the question will have on the development of the jurisprudence in Ontario". Decision here: https://t.co/TCsW4kjJX3 #cdnlaw

[Tom Slade @thomasslade]

The Churchill Falls deal sounds very promising but it's hard not to be suspicious especially when everyone involved seems to be getting or saving $200+ billion and it contemplates agreements to 2075 #nlpoli

[Ryan Alford @ryan_p_alford]

For those curious about what's at stake in the upcoming appeal at the Supreme Court of Canada of my constitutional challenge to the abrogation of freedom of speech and debate in Parliament, the memorandums of law on the leave application are now available: https://t.co/ey7R5qB61l

[Charlie Feldman @ParlCharlie]

Heads-up to the parliamentary law nerds — leave in Alford (extension of privilege by statute et al) is set to be decided on Thursday

[Glaspell — Class Actions @Glaspell]

SCC survey found “decoy”/fake judges as likely to be identified as SCC judges as two of Canada’s most outstanding SCC jurists, Kasirer and Jamal JJ.

Canadian justices said to be “most known among Canadians” are Côté J and Wagner CJC.

⁦@SCC_eng⁩ https://t.co/IZotr2AqJc

[Tom Slade @thomasslade]

@Glaspell They're definitely on there now. Not sure if it's every single decision or not though, but they have 1,600+ pre-1906. Here's a link for that particular search https://t.co/eT1zSasdb2

[Tom Slade @thomasslade]

That's one way to respond to the official languages commissioner's decision that any decisions published on the Supreme Court’s website must be available in both official languages. In Sept he had given them 18 months to comply. I'm assuming he expected translation over removal.

[Legal Affairs Canada @LawScribes]

The Supreme Court of Canada has removed all pre-1970 decisions from their website. Apparently because they are not translated into french. [All #SCC decisions from 1877+ on CanLII] News release. https://t.co/OBOMbjto3S

[TheCourt.ca @thecourtdotca]

The SCC declined to hear an appeal of the Federal Court of Appeal’s decision in President’s Choice Bank v Canada, which broadened “in the course of a commercial activity” under the Excise Tax Act to allow input tax credits on loyalty redemption payments.

https://t.co/w9HbaHGWOh

[Tom Slade @thomasslade]

@Glaspell Yes looks like they are all on CanLII, so minimal practical impact

[Tom Slade @thomasslade]

3. Costs granted in a criminal matter and granted on the leave to the respondent.
4. One other intervener granted permission to "make a statement in his submissions with respect to the outcome of the appeal"

/2 #SCC

[Tom Slade @thomasslade]

Some interesting things you don't normally see from a SCC agent perspective in the leave granted today in Chief of Edmonton Police v McKee.

1. Leave brought by an intervener.
2. Leave granted directly from King's Bench. Skipped the Court of Appeal.

/1

[Supreme Court of Canada @SCC_eng]

Today, the Supreme Court decided the following leave applications. https://t.co/JUr0MTNSd8

[Tom Slade @thomasslade]

@_MarkSutcliffe @BrownWard21 Good to hear. Thanks for following up on this.

[John Howard Society of Saskatchewan @johnhowardsask]

Last week, JHSS v. Saskatchewan was argued at the Supreme Court of Canada, seeking a higher standard of proof in inmate discipline.  A big thank you to the brilliant Michelle Biddulph (@mbidds) of @GHW_barristers, who represented JHSS pro bono alongside our own Pierre Hawkins.

[Tom Slade @thomasslade]

But wait, there's more! Can't imagine too many judges like finding end-of-factum schedules and post-scripts.

On the topic of word counts, don't forget to click "Include footnotes" in the count! You'd be surprised at how they add up.

[Justin Safayeni @jay_saf]

Clear direction from #ONCA that while tables and/or additional schedules (beyond "A" and "B") are permissible, the words in those sections count towards the max 9,200 word limit in 61.12: Boyer v Callidus Capital Corp, 2024 ONCA 761 (per Brown JA) #cdnlaw https://t.co/1Evhlhwlv8

[Matt Margolis @ItsMattsLaw]

as a child, I always dreamed about getting visibility frustrated by the formatting of a word doc

[Fantasy Courts @FantasyCourts]

Supreme Court of Canada is releasing its bankruptcy law decisions in Aquino v. Ernst & Young and Scott v. Golden Oaks Enterprises on Friday. It looks at the doctrine of corporate attribution in the context of fraudulent schemes. Here's our preview: https://t.co/TQ8iT0gvQg #SCC

[Tom Slade @thomasslade]

Test your legal prediction skills over at Fantasy Courts. New season starts Wednesday with the Supreme Court of Canada releasing R v Charles.

[Fantasy Courts @FantasyCourts]

With the Supreme Court of Canada releasing R v Charles this Wednesday, we're kicking off season 11 of Fantasy Courts. Streaks are reset and everyone has a fresh start to see who can predict what our top court will do. Here's our preview of the case https://t.co/TU9qiokggH #SCC