Stereo Decisis
35 episodes - English - Latest episode: about 2 years ago - ★★★★★ - 1 ratingA topical, entertaining and accessible discussion about the law in Canada and beyond. Join Hilary Young, Oliver Pulleyblank and Robert Danay as they offer their insights into the latest developments in the law.
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Episodes
The New Tort Trend?
April 01, 2022 00:06 - 1 hour - 55.6 MBOn 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 which Corbett J. created the new tort of cyber harassment; Nevsun Resources Ltd. v. Araya, 2020 SCC 5, in which the Supreme Court of Canada decl...
SHORTS: The Legacy of Joseph Arvay QC (1949-2020)
December 18, 2020 02:06 - 28 minutes - 28 MBIn 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 Services Society, 2011 SCC 4 Donations in honour of Arvay's memory can be made to the Hope Centre in Welland, Ontario. Find us on Twitter an...
The Legal Ethics of Representing a Hatemonger (with Dean Patricia Hughes)
December 11, 2020 22:53 - 51 minutes - 46.8 MBIn 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 Code. The basis for their conviction was the publication of Your Ward News, a local periodical distributed in Toronto (and online), which contain...
Joshua Sealy-Harrington on Jury Selection, Diversity and Equality
October 23, 2020 22:37 - 1 hour - 73.8 MBOn 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 accused (or a prosecutor) to remove potential jurors peremptorily. This law was passed in the aftermath of Gerald Stanley's controversial acquitta...
Angela Swan on COVID-19 and Force Majeure
May 18, 2020 22:30 - 45 minutes - 31.9 MBOn 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 clauses such as force majeure and material adverse event/change. In so doing, she mentions Akorn, Inc. v. Fresenius Kabi AG - No. 2018-0300-JTL, 2018...
Justice Lorne Sossin on Adjudication in the Time of COVID-19
April 26, 2020 03:00 - 1 hour - 58.2 MBOn 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 Justice McLachlin on "Access to Justice in the Time of Social Distancing"; A tweet by Shannon Salter (Chair of the Civil Resolution Tribunal) ab...
Nevsun Resources Ltd. and the new Customary International Law Torts (with David Quayat)
April 03, 2020 05:43 - 1 hour - 66.3 MBOn 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 Canadian company that owned the mine. They claimed to have been subjected to torture, slavery and other human rights abuses at the mine and asserted...
Magic Mushroom Edition (with Steven Penney)
March 23, 2020 06:56 - 57 minutes - 63.4 MBOn 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 went on a naked rampage in which he broke into strangers' homes and committed a brutal assault, all of which he did not recall doing after the fa...
Vavilov and the "Culture of Justification" (with Caroline Mandell)
March 02, 2020 06:41 - 1 hour - 60.4 MBOn 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. Caroline brings her particular expertise and perspective to explain Vavilov's anticipated effects on the scope and quality of reasons tendered by adm...
Pictorgrams and Pipelines
December 06, 2019 05:57 - 1 hour - 98.1 MBOn 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 escalator in a Laval metro station. The crew also discussed a recent series of decisions in the Federal Court of Appeal pertaining to the Trans Mounta...
Crown Copyright is NOT Boring
October 04, 2019 05:15 - 1 hour - 53.4 MBOn 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), 10 I.P.J. 187; and R. v. James Lorimer and Company Limited, [1984] 1 F.C. 1065; (1984), 77 C.P.R. (2d) 262; 180 N.R. 351 (C.A.). The discussi...
Prorogration Fascination
September 26, 2019 20:53 - 1 hour - 63.9 MBOn 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 as the Case on Prorogation). The discussion touched on a number of related cases on prorogation and the justiciability of perogative powers in C...
Death Decisis
June 03, 2019 04:41 - 1 hour - 77.5 MBOn 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 grandchild. The second involves a woman whose dying wish to have her dog euthanized and buried with her was granted by her estate's executor. In obiter...
Cruel and Unusual Ltd.
March 15, 2019 05:32 - 32 minutes - 34.4 MBOn 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. 12 of the Canadian Charter of Rights and Freedoms. Rob mentions an interesting blog post on the case by Leonid Sirota. In obiter dicta, Oliver dis...
The Not About SNC-Lavalin Edition
March 01, 2019 05:34 - 1 hour - 85.7 MBOn 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 about redemption, rehabilitation and denunciation raised by the sentences of serial killer Bruce McArthur and mosque mass murderer Alexandre Bissonn...
Moral Luck Edition
January 19, 2019 23:25 - 1 hour - 85 MBOn 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 Supreme Court of Canada in Frank v. Canada (Attorney General), 2019 SCC 1. In obiter dicta, Oliver talks about the upcoming release of new albums,...
What Could be Moore Sweet?
December 06, 2018 06:43 - 1 hour - 65.9 MBOn 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 obiter dicta, Oliver recommends Nanette, a genre-bending Netflix special, Hilary recommends her beer Advent calendar and Rob recommends a story in wh...
The Honest But Mistaken Belief Episode
November 22, 2018 06:26 - 58 minutes - 53.8 MBOn 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 conduct. In obiter dicta Hilary talks about an upcoming Supreme Court of Canada case involving a woman who refused to hold the guardrail on an escalato...
MAID in Canada
November 09, 2018 07:54 - 1 hour - 55.9 MBOn 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 capacity to consent to obtaining medical assistance right before her death, as is currently required under the applicable legislation. The crew also...
The Right not to be Blocked on Twitter?
October 25, 2018 04:47 - 1 hour - 57 MBOn 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 blog post on the topic by Benjamin Oliphant. In obiter, Rob applies the Bechdel test to the new movie A Star is Born, starring Lady Gaga and also...
The Skinny Dipping in a Shark Tank Edition
October 17, 2018 04:58 - 1 hour - 61 MBOn 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 Toronto mayoral candidate Faith Goldy against Bell Media for failing to run her commercials. In Obiter Dicta, Howie talks about WNYC's "More Perfect ...
A Belated Thanksgiving Edition
October 13, 2018 19:56 - 1 hour - 60.9 MBOn 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 over the transfer of convicted murderer Terri-Lynne McClintic to an Indigenous healing lodge. In obiter dicta, Rob talks about Banksy's self-shreddi...
Stairway to Copyright Infringement
October 04, 2018 07:25 - 1 hour - 65.1 MBOn 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 Federal Courts on whether or not PIPEDA includes a "right to be forgotten;" and The propriety of former Supreme Court judges acting as counsel in ...
The "Beverley Bralette" Edition
September 27, 2018 06:29 - 1 hour - 68 MBOn 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 judicial review of a decision concerning the removal of a judge by the Canadian Judicial Council in Girouard v. Canada (Attorney General), 2018 FC 865; ...
A Russian Nesting Doll of Constitutional Law Nerdery
September 20, 2018 06:48 - 1 hour - 60.5 MBOn 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 notwithstanding clause. In Obiter Dicta, Hilary talks about sexist room temperatures, Rob discusses the sexual assault allegation brought against Justic...
Anti-SLAPP Stick
September 12, 2018 05:53 - 1 hour - 55.8 MBOn this week's episode of the pod, Hilary Young, Oliver Pulleyblank and Robert Danay discuss the recent six decisions of the Ontario Court of Appeal interpreting that province's Anti-SLAPP legislation, the decision of the Indian Supreme Court to strike down s. 377 of the Penal Code, which criminalized sodomy and the recent decision of the Federal Court of Appeal to invalidate the approval of the TransMountain Pipeline. In obiter dicta, Hilary discussed "I Object: Ian Hislop's Search for Dis...
#FreeTheBeer
September 05, 2018 06:03 - 49 minutes - 45.3 MBOn this week's episode, we air a recent interview by Oliver Pulleyblank of Shea Coulson, who represented a group of BC wineries at the Supreme Court of Canada in R v Comeau, 2018 SCC 15, which involved an effort to #FreeTheBeer. As Oliver and Hilary Young were actually traveling at the time of taping, Rob Danay performs the rare solo triple obiter dicta. He discusses a recent case in which a Kuwaiti fish monger was shut down for using googly eyes to mask the not-so-fresh state of its ostens...
Mike Bullard's Defamation Suit
August 29, 2018 07:07 - 41 minutes - 37.7 MBOn this week's episode of Stereo Decisis, Rob Danay, Hilary Young and Oliver Pulleyblank discuss the merits and significance of Mike Bullard's recently filed defamation suit.
Charities, Muzzles and Megaphones edition
August 22, 2018 06:22 - 1 hour - 56.7 MBOn this week's episode of the pod, Hilary Young and Robert Danay are joined by Kathryn Chan of the University of Victoria Faculty of Law to discuss two recent cases involving the law of charities. The first, Canada Without Poverty v. AG Canada,
The Buck a Beer edition
August 15, 2018 04:44 - 29 minutes - 34.1 MBOn this week's episode Hilary Young is on vacation so Rob Danay and Oliver Pulleyblank are left to discuss Ontario's new "Buck a beer" program. Rob discusses a report by Tim Stockwell and Gerald Thomas called "Is alcohol too cheap in the UK?
The Province of Toronto edition
August 08, 2018 13:57 - 59.1 MBOn this week's show, Hilary, Oliver and Rob discuss the unusual case in which a man from Alberta legally changed his sex so that he could pay lower car insurance premiums, the proposal by a candidate for the mayor of Toronto that the city should "sece...
Don't call it "illegal" immigration
August 01, 2018 14:07 - 46 minutes - 5 MBOn this episode of the pod, Oliver Pulleyblank and Robert Danay are joined by Professor Jamie Lieuw of the University of Ottawa Faculty of Law to discuss the recent controversy over refugee claimants crossing over the Canadian border from the United St...
Pardon Me
July 25, 2018 21:24 - 50 minutes - 5 MBOn this week's show Hilary Young, Robert Danay and Oliver Pulleyblank take a deep dive into the wide word of pardons. They discuss the recent request for a pardon by Robert Latimer, the propriety of mass pardons for the simple possession of cannabis and the right to be forgotten. In obiter dicta, Oliver recommends a technique for reading quotes in court that he picked up from the Hardcore History podcast, Rob recommends a story about the effect that Madam Justice Abella may have had on a re...
Pride and Prejudice
July 18, 2018 22:46 - 1 hour - 5 MBOn this week's episode, Robert Danay, Hilary Young and Oliver Pulleyblank discuss two cases involving the apparent clash between freedom of religion and equality rights, particularly for LGBTQ persons. The first case is Law Society of British Columbia v. Trinity Western University, in which the Supreme Court of Canada upheld the decision of a law society not to allow graduates from a proposed evangelical Christian law school to becomes members of the bar. The second case is Masterpiece Cake...
With Great Privilege Comes Great Responsibility
July 18, 2018 17:50 - 1 hour - 5 MBOn today's show, our hosts Robert Danay, Hilary Young and Oliver Pulleyblank discuss the controversial Trans Mountain pipeline, the protests it caused, the injunction issued by the British Columbia Supreme Court to stop the protests and the contempt of...