Richard J. Scott

Last updated

As we have seen, courts in other jurisdictions have moved decisively away from the view that consideration of financial hardship on a severance application is an error. In those instances where evidence of financial hardship has not resulted in severance being granted, it is often the case that either the plaintiff's impecuniosity was the only factor in its favour, or it failed to demonstrate that it would be beneficial to sever. Here the motions court judge, in the exercise of his discretion, while recognizing the criteria set forth in Investors Syndicate, gave, in the particular circumstances before him, significant weight to considerations of the plaintiff's impecuniosity and the resulting access to justice issue. In doing so, he did not err. [22]

Post-judicial career

Scott retired from the Court of Appeal on March 1, 2013, [10] less than three weeks before he reached the mandatory retirement age of 75 years. [5] Following his retirement from the bench, he joined Hill Sokalski Walsh Olson as counsel on February 2, 2015, where he conducts an arbitration and mediation practice. [23] [24]

In July 2017, he was appointed to the Supreme Court Advisory Board by Prime Minister Justin Trudeau. [25] The board's mandate is to provide an independent, merit-based recommendation to fill the vacancy created by the upcoming retirement of Chief Justice Beverley McLachlin. [26] [27]

Related Research Articles

<span class="mw-page-title-main">Supreme Court of Canada</span> Highest court of Canada

The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.

<span class="mw-page-title-main">National Party of Canada</span> Political party in Canada

The National Party of Canada was a short-lived Canadian political party that contested the 1993 federal election. The party is not related to the earlier National Party that was founded in 1979.

<span class="mw-page-title-main">Brian Dickson</span> Chief Justice of Canada from 1984 to 1990

Robert George Brian Dickson was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990.

<span class="mw-page-title-main">Andrew Swan</span> Former Manitoba NDP; former Manitoba Minister of Competitiveness, Training and Trade

Andrew James Swan is a politician in Manitoba, Canada. He served in the Legislative Assembly of Manitoba from 2004 to 2019. He was first elected in a 2004 by-election, replacing MaryAnn Mihychuk, who resigned to run for Mayor of Winnipeg.

<span class="mw-page-title-main">Vic Toews</span> Canadian politician (born 1952)

Victor Toews is a Canadian politician and jurist. Toews is a judge of the Court of King's Bench of Manitoba. He represented Provencher in the House of Commons of Canada from 2000 until his resignation on July 9, 2013, and served in the cabinet of Prime Minister Stephen Harper, most recently as Minister of Public Safety. He previously served in the Legislative Assembly of Manitoba from 1995 to 1999, and was a senior cabinet minister in the government of Gary Filmon. Prior to his appointment to the judiciary, Toews was a member of the Conservative Party of Canada.

Marshall Rothstein is a former Puisne Justice of the Supreme Court of Canada.

Nathan Nurgitz was a Canadian lawyer, judge, and Senator.

<span class="mw-page-title-main">Politics of Manitoba</span> Political system of Manitoba

The Province of Manitoba, similar to other Canadian provinces and territories, is governed through a Westminster-based parliamentary system. The Manitoba government's authority to conduct provincial affairs is derived from the Constitution of Canada, which divides legislative powers among the federal parliament and the provincial legislatures. Manitoba operates through three branches of government: the executive, the legislative, and the judicial. The executive branch—the Government of Manitoba—consists of the Executive Council and the Premier, who is the head of government and the President of the Executive Council. The legislative branch—the Manitoba Legislature—is composed of the Lieutenant Governor and the Legislative Assembly, which is composed of the 57 members (MLAs) elected to represent the people of Manitoba, as well as the Speaker, the Clerk, the Officers of the Legislative Assembly, and the employees of the legislative service.

The Court of King's Bench of Manitoba —or the Court of Queen’s Bench of Manitoba, depending on the monarch—is the superior court of the Canadian province of Manitoba.

Alan D. MacInnes, formerly a judge of the Court of Queen's Bench of Manitoba, was appointed to the Manitoba Court of Appeal on June 22, 2007. He replaced Glenn Joyal, who was appointed a judge of the Court of Queen's Bench.

Douglas N. Abra is a Canadian judge. He was appointed a judge of the Court of King's Bench of Manitoba on July 10, 2007. He replaced Alan D. MacInnes, upon his appointment to the Manitoba Court of Appeal.

A. Lori Douglas was the Associate Chief Justice of the Court of Queen's Bench of Manitoba. She currently lectures and practices family law part-time.

Karen I. Simonsen was appointed a judge of the Court of Queen's Bench of Manitoba on December 10, 2004. She replaced Mr. Justice Marc Monnin, who was appointed Chief Justice.

<span class="mw-page-title-main">Taney Court</span> Period of the US Supreme Court from 1836 to 1864

The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of Andrew Jackson's administration, an advocate of Jacksonian democracy, and had played a major role in the Bank War, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in Dred Scott v. Sandford, in which the court ruled that African-Americans could not be citizens. However, the Taney Court's decisions regarding economic issues and separation of powers set important precedents, and the Taney Court has been lauded for its ability to adapt regulatory law to a country undergoing remarkable technological and economic progress.

<span class="mw-page-title-main">University of Manitoba, Faculty of Law</span>

The University of Manitoba, Faculty of Law is the law school located in Winnipeg, Manitoba, Canada. It is on the university's Fort Garry campus. The Faculty is located within the Robson Hall building, named after one of the two founders of the law school, Hugh Amos Robson.

Sweatman is a surname.

<span class="mw-page-title-main">James Prendergast (Canadian politician)</span> Canadian politician

James Emile Pierre Prendergast was a lawyer, judge and political figure in Manitoba. He represented La Verendrye from 1885 to 1888 and Woodlands from 1888 to 1892 and St. Boniface from 1892 to 1896 in the Legislative Assembly of Manitoba as a Conservative and later Liberal.

Isaac Campbell, was a lawyer and political figure in Manitoba. He represented Winnipeg South from 1888 to 1891 in the Legislative Assembly of Manitoba as a Liberal.

<span class="mw-page-title-main">Justice Centre for Constitutional Freedoms</span> Canadian legal advocacy organization

The Justice Centre for Constitutional Freedoms (JCCF) is a Canadian legal advocacy organization specializing in a social conservative approach to the Canadian Charter of Rights and Freedoms. The libertarian organisation has partnered with several right-wing backers in the United States.

Irwin Dorfman,, was a Canadian lawyer from Winnipeg, Manitoba, eventually becoming senior counsel with the firm of Thompson Dorfman Sweatman. In addition to a busy legal practice in the areas of taxation and corporate matters, he was active in his community and in the profession. He served as president of the Law Society of Manitoba and as the national president of the Canadian Bar Association, the first Jewish president in the Association's history.

References

Footnotes

  1. 1 2 3 Thompson Dorfman Sweatman 2012, p. 43.
  2. Rice, Bueckert & Schroeder 2012, p. 41.
  3. MacPherson 2012, p. 1.
  4. Fuller, Simon (March 7, 2012). "City Preparing to Mark 40th Anniversary of Amalgamation". The Herald. Winnipeg, Manitoba: Canstar Community News. Retrieved August 24, 2016.
  5. 1 2 3 Rollason, Kevin (February 14, 2013). "Appeal Court's Chief Justice Retiring 'Early'". Winnipeg Free Press. p. A10. Retrieved August 24, 2016.
  6. 1 2 3 "Richard J. Scott, LL.D., May 31, 2000". University of Manitoba. Retrieved August 24, 2016.
  7. "Court of Appeal Chief Justices". Manitoba Courts. Retrieved August 24, 2016.
  8. Thompson Dorfman Sweatman 2012, pp. 39, 43.
  9. 1 2 "Prime Minister Announces New Supreme Court of Canada Judicial Appointments Process – Biographical Notes on Members of the Independent Advisory Board for Supreme Court of Canada Judicial Appointments" (Press release). Ottawa: Government of Canada. August 2, 2016. Retrieved August 24, 2016.
  10. 1 2 3 Goldsborough, Gordon (2016). "Judges of Manitoba". Memorable Manitobans. Manitoba Historical Society. Retrieved August 24, 2016.
  11. Rice, Bueckert & Schroeder 2012, p. 61.
  12. Shaffer 1997, p. 2.
  13. Devlin 2011, p. 290.
  14. Rice, Bueckert & Schroeder 2012, pp. 41, 46.
  15. Rice, Bueckert & Schroeder 2012, p. 46.
  16. Rice, Bueckert & Schroeder 2012, p. 46; Steinfeld 2012, pp. 330, 332.
  17. Steinfeld 2012, pp. 330–331.
  18. Steinfeld 2012, p. 331.
  19. Rice, Bueckert & Schroeder 2012, p. 46; Steinfeld 2012, p. 331.
  20. Steinfeld 2012, p. 332.
  21. Rice, Bueckert & Schroeder 2012, p. 47.
  22. Rice, Bueckert & Schroeder 2012, p. 48.
  23. Rabson, Mia (August 2, 2016). "Manitobans Will Help Choose Supreme Court Justice". Winnipeg Free Press. Retrieved August 25, 2016.
  24. "Lawyers". Hill Sokalski Walsh Olson LLP. Retrieved August 25, 2016.
  25. "Prime Minister Announces Advisory Board to Select Next Supreme Court Justice" (Press release). Government of Canada. July 17, 2017.
  26. MacCharles, Tonda (June 12, 2017). "Chief Justice Beverley McLachlin to Retire from Supreme Court of Canada". Toronto Star.
  27. "Office of the Commissioner for Federal Judicial Affairs Canada – Terms of Reference of the Advisory Board". Government of Canada. Retrieved July 19, 2017.

Bibliography

Further reading

Richard J. Scott
OC OM KC
Chief Justice of Manitoba
In office
July 31, 1990 March 1, 2013