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Legal Update Services

Click on the links above to view recent decisions from the Supreme Court of Canada and summaries for noteworthy cases from across the country.

New reading on aboriginal title seen as changing power balance

The Supreme Court’s expansive view of aboriginal title has empowered aboriginals across the country, says the Tsilhqot’in Nation’s lead counsel who won the watershed judgment. Rejecting the narrow approach urged by the federal and B.C. Crowns, the top court ruled 8-0 on June 26 that aboriginal title, on the ground, “is not site-specific; it’s territorial,” said Vancouver’s David Rosenberg.

CBA pushing plan for reform of process for SCC selection

The Canadian Bar Association has renewed its call for Ottawa to create a new “open, transparent and depoliticized” process for choosing Supreme Court of Canada judges, including Justice Louis LeBel’s replacement next December.

The future of unconventional restrictive covenants

The recent case of Rhebergen v. Creston Veterinary Clinic Ltd. [2014] B.C.J. No. 417 of the B.C. Court of Appeal, provides a useful analysis of the state of the law regarding unconventional restrictive covenants, as well as an indication as to where the law in this area may be moving.

The right to be forgotten

Last month, the Court of Justice of the European Union (CJEU) ruled that individuals have the “right to be forgotten.” Practically speaking, the ruling allows Europeans to force companies to remove links to embarrassing information.

Craft the right message to stand out from crowd

When Ben Hanuka began practising law some 15 years ago, the elder statesmen of the courtroom recoiled at the mere suggestion that they were in a business. “This is not a business, young lawyer. This is a profession,” judges would say to him.