Lex Pundit
Knowledge · State of the Law

Where the law stands, and how it got there.

A curated map of Canadian legal doctrine. Each entry sets out the current position, the governing authority, and the line of cases and statutes that shaped it — reviewed and dated, so you can trust it's current.

ConstitutionalSettled · test refined

Equality rights under section 15

Section 15 guarantees substantive equality; it is infringed by a law that creates a distinction on a protected ground and imposes a disadvantage.

Authority — Andrews v Law Society of British Columbia · [1989] 1 SCR 143
CriminalSettled test

Excluding evidence obtained in breach of the Charter

Evidence obtained in breach of a Charter right is excluded where admitting it would bring the administration of justice into disrepute.

Authority — R v Grant · 2009 SCC 32
BusinessRecently changed

Good faith in contract

Canadian contract law recognises good faith as an organising principle, and imposes a duty of honest performance on every contract.

Authority — Bhasin v Hrynew · 2014 SCC 71
PrivacyRecognised 2012

Intrusion upon seclusion

Ontario law recognises a privacy tort for a highly offensive intentional intrusion into another's private affairs, without proof of economic loss.

Authority — Jones v Tsige · 2012 ONCA 32
ConstitutionalFramework settled

Limiting a Charter right — the Oakes test

A Charter right can be limited if the government shows the limit is a reasonable one, justified under section 1 through the Oakes test.

Authority — R v Oakes · [1986] 1 SCR 103
PrivacySettled · evolving online

Reasonable expectation of privacy

Section 8 of the Charter protects a reasonable expectation of privacy; the state generally needs prior judicial authorisation to intrude on it.

Authority — Hunter v Southam Inc · [1984] 2 SCR 145
FamilyRecently changed

Relocating with a child

A parent's proposed move with a child is decided on the child's best interests; since 2021 the Divorce Act sets out how those interests and the burden are assessed.

Authority — Gordon v Goertz · [1996] 2 SCR 27
CriminalSettled framework

Sentencing Indigenous offenders

When sentencing an Indigenous offender, a judge must consider their background and circumstances and all available alternatives to imprisonment.

Authority — R v Gladue · [1999] 1 SCR 688
BusinessSettled

Separate corporate personality

A corporation is a legal person distinct from its shareholders and directors; its rights, debts and liabilities are its own.

Authority — Salomon v A Salomon & Co Ltd · [1897] AC 22 (HL)
FamilySettled framework

Spousal support after separation

Spousal support is primarily compensatory, addressing the economic advantages and disadvantages of the marriage and its breakdown.

Authority — Moge v Moge · [1992] 3 SCR 813
CriminalSettled

The Crown's duty to disclose

The Crown must disclose all relevant material to the defence, subject only to limited privilege.

Authority — R v Stinchcombe · [1991] 3 SCR 326
BusinessSettled

The duty of care in negligence

A person owes a duty to take reasonable care not to harm those they can reasonably foresee being affected by their conduct.

Authority — Donoghue v Stevenson · [1932] AC 562 (HL)
AdministrativeSettled

The duty of procedural fairness

An administrative decision affecting a person's rights or interests must be made fairly; how much process is owed varies with the circumstances.

Authority — Baker v Canada (MCI) · [1999] 2 SCR 817
CriminalSettled

The presumption of innocence

A person charged with an offence is presumed innocent; the Crown must prove guilt beyond a reasonable doubt.

Authority — Woolmington v DPP · [1935] AC 462 (HL)
AdministrativeRecently changed

The standard of review on judicial review

A court reviewing an administrative decision presumptively applies a reasonableness standard, reserving correctness for defined categories.

Authority — Canada (MCI) v Vavilov · 2019 SCC 65
ConstitutionalRecently changed

Trial within a reasonable time

Delay above a presumptive ceiling — 18 months in provincial court, 30 months in superior court — is presumptively an unreasonable delay under section 11(b).

Authority — R v Jordan · 2016 SCC 27