List of notable Canadian Courts of Appeal cases
Encyclopedia
A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the decisions were never appealed or were denied leave to the Supreme Court of Canada
. The notable decisions of these courts are listed in chronological order by province.
British Columbia Court of Appeal
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The notable decisions of these courts are listed in chronological order by province.
Federal Court of Appeal
- Tele-Direct (Publications) Inc. v. American Business Informations Inc. (1997) 76 CPR (3d) 296
- Englander v. Telus Communications Inc.Englander v. Telus Communications Inc.Englander v. Telus Communications Inc., 2004 FCA 387 is a leading Federal Court of Appeal decision on Canadian privacy law under PIPEDA.-Background:...
, 2004 FCA 387: privacy, PIPEDA - BMG Canada Inc. v. Doe 2005 FCA 193 privacy rights of filesharers
- Hinzman v. CanadaJeremy HinzmanJeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
(2006) - refugee protection for deserters of a war that began without UN approval
British Columbia Court of AppealBritish Columbia Court of AppealThe British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
- Vancouver Rape Relief Society v. Nixon, 2005 BCCA 601: protection of women's equality right to determine membership in equality-seeking organization
Court of Appeal for Ontario
- Tilden Rent-A-Car Co. v. ClendenningTilden Rent-A-Car Co. v. ClendenningTilden Rent-A-Car Co. v. Clendenning , 83 DLR 400 is a leading Canadian contract law decision from the Court of Appeal for Ontario on standard form contracts. The Court held that a party can only be bound to a signed standard form contract when it is reasonable to believe that they consented to...
(1978), 83 DLR (3d) 400, 18 OR (2d) 601 (Ont. C.A.) - R. v. Buzzanga and Durocher, (1979), 25 OR (2d) 705 (C.A.) : criminal culpability
- Blainey v. Ontario Hockey AssociationBlainey v. Ontario Hockey AssociationBlainey v. Ontario Hockey Association 54 O.R. 513 is a famous decision of the Court of Appeal for Ontario on the relationship between the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code...
, (1986), 14 O.A.C. 194: Human Rights - Zylberberg v. Sudbury Board of Education, (1988)
- R. v. Church of Scientology of TorontoR. v. Church of Scientology of TorontoThe Queen v. Church of Scientology of Toronto was a 1992 Canadian criminal case involving the Church of Scientology and members of the organization...
1996 CanLII 1650 - R. v. Pintar, (1996), 2 CR (5th) 151 (CA Ont.)
- Gould Estate v. Stoddart Publishing Co. Ltd.Gould Estate v. Stoddart Publishing Co. Ltd.Gould Estate v. Stoddart Publishing Co. Ltd. 1998 CanLII 5513 , is a Canadian copyright case on the ownership of copyright and requirements of fixation.-Background:...
1998 CanLII 5513 (Ont. C.A.): copyright - General Accident Assurance Co. v. Chrusz (1999), 180 D.L.R. (4th) 241 (Ont. C.A.): solicitor client privilege
- Chippewas of Sarnia Band v. Canada (Attorney General)Chippewas of Sarnia Band v. Canada (Attorney General)Chippewas of Sarnia Band v. Canada , 195 D.L.R. 135, was a decision of the Court of Appeal for Ontario rendered on December 21, 2000. The plaintiff, an aboriginal nation, claimed aboriginal title to a four-square-mile parcel of land in and around the city of Sarnia, Ontario...
(2000), 51 O.R. (3d) 641, 195 D.L.R. (4th) 135 (Ont. C.A.): aboriginal title - Halpern v. Canada (Attorney General)Halpern v. Canada (Attorney General)Halpern v. Canada, [2003] O.J. No. 2268 is a notable June 10, 2003 decision of the Court of Appeal for Ontario where the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and...
[2003] O.J. No. 2268: same sex marriage - Hitzig v. CanadaHitzig v. CanadaHitzig v. Canada is a 2003 civil case in which challenged the constitutionality of the Marihuana Medical Access Regulations , now the Medical Marihuana Access Division. MMAR provided for exemptions from the law for approved medicinal users while allowing for no legal source of therapeutic cannabis...
(2003) - Freeman-Maloy v. MarsdenFreeman-Maloy v. MarsdenFreeman-Maloy v. Marsden revolves around a plaintiff, York University student Daniel Freeman-Maloy, who held two protests at York University regarding the Israeli-Palestinian conflict, disrupting classes. In response Lorna Marsden, President of York University, suspended Freeman-Maloy for three...
, 2006