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

Monthly Archives: October 2011

SCC to Consider Rectification of Contracts

Posted in Case Previews, Contracts, Tax

The Supreme Court of Canada has granted leave to appeal in a case involving the rectification of contracts. The appeal in Services Environnementaux raises the question of whether Quebec law permits the rectification of agreements, in a manner that is retroactively enforceable against tax authorities, when their written terms diverge from the common intentions of the parties…. → Read More

Second Circuit Hears YouTube DMCA Cases

Posted in Case Comments, Communications, Intellectual Property, Media

In mid-October, the influential United States Court of Appeals for the Second Circuit heard oral arguments in a $1-billion battle over the responsibility of Internet intermediaries for infringing content posted by third parties on their systems. The appeal in Viacom Intl. v. YouTube Inc. involves crucial questions that may have a ripple effect on litigation taking… → Read More

U.S. Supreme Court to Consider Enforceability of Arbitration Clauses

Posted in Bankruptcy and Debt, Case Previews, Class Actions, Procedure

The United States Supreme Court has agreed to revisit the issue of whether a statute can override an arbitration clause in a consumer agreement. This time, at issue is the remedial legislation entitled Credit Repair Organization Act (CROA), which provides consumers with “the right to sue a credit repair organization” that violates the Act. The… → Read More

BCCA Asked to Review Advance Costs Made Against Private Litigants in Charter Litigation

Posted in Case Comments, Charter of Rights, Communications, Constitutional, Procedure

In Dish Network L.L.C. v. Rex, the Supreme Court of British Columbia took the rare step of ordering advance costs in a constitutional challenge. More surprisingly, the court ordered three private litigants to pay 50% of those costs. This case is now headed to the Court of Appeal for British Columbia. Mr. Rex sold satellite… → Read More