Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Monthly Archives: August 2011

SCC to Consider the Relevance of Attornment to the Analysis of an Ontario Court’s Jurisdiction

Posted in Case Previews, Procedure

Should an Ontario court refuse to assume jurisdiction over the plaintiffs’ claims in the face of choice of (foreign) forum and arbitration clauses, even though the non-Ontario defendants attorned to the jurisdiction of the Ontario court? The Supreme Court of Canada will examine this issue when it hears the appeal in Momentous.ca Corporation v. Canadian American Association… → Read More

SCC to Address Test for “Federal Undertakings” Under the Constitution

Posted in Case Previews, Communications, Constitutional, Labour and Employment, Transportation

When do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867?  The Supreme Court of Canada will answer this question in the Tessier case, for which it recently granted leave to appeal. Decisions Below The appeal comes before the Supreme Court from the ruling of the Quebec Court of Appeal… → Read More

SCC to Consider the Residence of Trust for Tax Purposes

Posted in Case Previews, Corporate Law, Financial Services, Tax

The residence of trusts and other business entities for income tax purposes has long been a source of confusion.  The Supreme Court of Canada will attempt to resolve that confusion in the St. Michael Trust cases, from which it recently granted leave to appeal. Decisions Below The cases arise as conjoined appeals from the decision of the Federal Court of Appeal in St…. → Read More

Franchisor’s Implicit Obligation of Good Faith and Loyalty

Posted in Case Comments, Corporate Law

The decision in Automobile Cordiale Ltée v. DaimlerChrysler Canada Inc., J.E. 2010-164 raises the question of the implicit obligation of good faith and loyalty in an exclusive dealership contract. Automobile Cordiale Ltée (the Franchisee) and DaimlerChrysler Canada Inc. (the Franchisor) entered into an agreement in 1994 whereby the Franchisee was granted exclusive right to sell… → Read More

Litigating In the Dark: Providing Information to Interveners

Posted in Administrative, Case Previews, Energy

Taylor Processing Inc. applied for various approvals from the Energy Resources Conservation Board to operate a co-stream project at its Harmattan plant. Inter Pipeline Fund and BP Canada Energy Company were interveners. Both the Fund and BP opposed Taylor’s application. The Board gave conditional approval to Taylor’s project. This appeal will determine whether the Board… → Read More

Claims for Appropriation of a Foreign Corporate Opportunity: Do Ontario Courts Have Jurisdiction?

Posted in Case Previews, Corporate Law, Procedure

On August 23, 2011, the Ontario Court of Appeal will hear an appeal on the question of whether Ontario courts have jurisdiction over a claim for appropriation of a foreign opportunity. Decision Below In Dundee Precious Metals Inc. v. Marsland, Corrick J. dismissed a claim by an Ontario mining company, Dundee, against an employee, Marsland, on… → Read More

Personal Liability of Class Counsel for the Costs of a Class Proceeding

Posted in Case Previews, Class Actions, Procedure, Professions

On September 26, 2011, the Ontario Court of Appeal will hear an appeal from a decision of Cullity J., who rightly characterized the issue on the motion before him as one “of considerable importance for the proper conduct of class proceedings.” The decision will be important to class counsel since it addresses the duty to… → Read More

Defence Contractor Appeals Disclosure of Contractual Information

Posted in Administrative, Case Comments, Intellectual Property

In a case that will be of interest to any parties involved in government procurement, Top Aces Consulting Inc. is appealing the decision of the Federal Court to permit the disclosure of pricing information pursuant to s. 44 of the Access to Information Act. Top Aces is an airborne training services contractor that had been… → Read More

Should Redeemable-Upon-Demand Shares Be Included in Paid-Up Capital or Long-Term Debt?

Posted in Case Comments, Financial Services, Tax

On January 29, 2010, the Appeal division of the Court of Quebec determined that Credit Ford Canada Ltd. did not have to include the $1,170,000,000 worth of retractable shares issued in its paid-up capital (and thus be taxed on it) and could, instead, consider it as a long-term debt. This decision alone made a $2,416,767… → Read More