Cause of Action Court Rules Government Litigating 
JURIST
APRIL 12, 2024
The Supreme Court of Canada found Friday that the government acted dishonestly when it reneged on an 1877 treaty to an Alberta indigenous community and allowed for declaratory relief. Canada amended its constitution in 1982 and, in doing so, created a new cause of action for bringing treaty disputes.
SCOTUSBlog
NOVEMBER 28, 2022
United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States.
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ClimateChange-ClimateLaw
FEBRUARY 23, 2022
Fossil fuel company defendants want the cases heard in federal court, where they can argue that the cases should be quickly dismissed on the grounds that federal common law climate claims are displaced by the Clean Air Act. The court distinguished the Second Circuit’s decision in City of New York v. Chevron Corp.
SCOTUSBlog
MAY 15, 2023
Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case.
Conflict of Laws
APRIL 25, 2024
3] This objective of this reform was to render it ‘unnecessary for a claimant to scrutinise the long list of permissible cases set out in the existing Rules in the hope of fitting into one or more descriptions.’ [4] 21] Order 8 rule 1(3) is missing the first option.
Day on Torts
JANUARY 11, 2021
Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. The Court next analyzed whether this case fell within the third special duty exception based on the deputy’s alleged reckless conduct. internal citation omitted).
Day on Torts
MAY 3, 2022
According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.
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