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

Category Archives: Professions

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There are times when you don’t want to make partner…

Posted in Case Comments, Labour and Employment, Professions

Overview Recently, the Supreme Court of Canada (“SCC”) and the Supreme Court of the United Kingdom (“UKSC”) both had cause to consider the nature of partnership, and when certain protections due to employees or workers are extended to partners. While the two cases presented very different scenarios – the Canadian case concerning human rights, and… → Read More

The Bright Line Rule: The SCC Reconsiders Its Approach to Conflicts of Interest

Posted in Case Comments, Professions

In a recent decision, Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, the Supreme Court of Canada revisited the “bright line” rule that applies to conflicts of interest among current clients. This rule, which was first articulated in R. v. Neil, [2002] 3 S.C.R. 631, provides that: “… a lawyer may not represent… → Read More

Is Repetition the Sincerest Form of Flattery? The Supreme Court’s Decision in Cojocaru v. British Columbia Women’s Hospital and Health Centre

Posted in Case Comments, Health, Professions

Introduction The Supreme Court has rendered its decision in Cojocaru v. British Columbia Women’s Hospital and Health Centre, a case concerned with the propriety of judicial adoption verbatim of counsel’s submissions in the Court’s decision. Beyond the issue of when extensive incorporation of a party’s submission into a judicial decision rebuts the presumption of judicial… → Read More

The UK and Canadian Supreme Courts to Consider the Legal Status of Equity Partners

Posted in Administrative, Case Comments, Labour and Employment, Professions

Can equity partners at professional firms take advantage of statutory employment law protections? Both the UK and Canadian Supreme Courts have recently granted leave in cases which consider that question. In the UK, Clyde & Co LLP v Bates Van Winkelhof concerns a whistle blower claim, money laundering in Tanzania, and allegations of sexual discrimination. In Canada, Fasken Martineau DuMoulin… → Read More

Top Appeals of 2013: The Appeals Monitor Looks Forward

Posted in Bankruptcy and Debt, Case Previews, Class Actions, Features, Procedure, Professions, Torts

“Prediction is very difficult, especially about the future.” – Niels Bohr (1885-1962) “Weatherman wet-fingers the sky He pokes it out, he pulls it in He don’t know why.” – Gordon Downie (1964- )   In the spirit of the season, Canadian Appeals Monitor has decided not only to look back on the key appeals of… → Read More

This Week at the SCC (14/12/2012)

Posted in Aboriginal, Communications, Conflict of Laws, Health, Intellectual Property, Labour and Employment, Media, Professions, Regulatory, This Week at the SCC

Cases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168, 2012 SCC 68, Rothstein J. for the majority of the Court held that the Canadian Radio-television and Telecommunications Commission (“CRTC”) lacked the jurisdiction to… → Read More

This Week at the SCC (30/11/2012)

Posted in Bankruptcy and Debt, Intellectual Property, Labour and Employment, Professions, Securities, This Week at the SCC

Cases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Construction Labour Relations v. Driver Iron Inc., 2012 SCC 65, the Court held the Alberta Court of Appeal erred in quashing a decision of the Alberta Labour Relations Board on judicial review.  The Court’s brief judgment… → Read More

Hot Off the Press – World Class Actions: A Guide to Group and Representative Actions Around the Globe

Posted in Aboriginal, Class Actions, Communications, Construction and Real Estate, Energy, Financial Services, Franchise and Distribution, Health, Insurance, Media, Municipal, Procedure, Professions, Securities, Transportation

In the newly published World Class Actions: A Guide to Group and Representative Actions Around the Globe, McCarthy Tétrault litigators David Hamer and Shane D’Souza co-authored the “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard ‘Round the World” chapter. The chapter offers guidance to international lawyers who represent clients involved in cross-border, multinational and international class… → Read More

SCC to Consider Conflict of Interest Rule

Posted in Case Previews, Professions

Introduction The Supreme Court of Canada has granted leave to appeal in Canadian National Railway v. McKercher LLP et al., which raises significant issues relating to conflicts of interest, legal ethics, and the appropriate balance to be struck between the courts and the law societies in regulating the legal profession. Perhaps most importantly, the case… → Read More

Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy

Posted in Case Comments, Class Actions, Professions, Torts

Introduction The Alberta Court of Appeal has provided its latest contribution to the analysis of the tort of civil conspiracy. The case’s importance lies in its consideration of the mental element of the tort. The case is also interesting for the absence of any reference to the recent Ontario Court of Appeal jurisprudence on the matter,… → Read More

ONCA to Consider Application of Deemed Undertaking Rule to Producing-Party’s Own Lawyer

Posted in Case Comments, Procedure, Professions

In Sobeski v. Mamo, now on appeal to the Ontario Court of Appeal, Justice Perell heard a motion by a defendant in a defamation action for relief from the deemed undertaking rule. Background The defendant in the defamation action was a lawyer who, in a previous piece of litigation, had represented the opposing party to… → Read More

U.S. Supreme Court Affirms a Policy Preference for Arbitration

Posted in Case Comments, Contracts, Procedure, Professions, Torts

The United States Supreme Court has allowed the appeal in KPMG LLP v. Robert Cocchi, reinforcing its policy preference for arbitrability, even in cases where some causes of action are arbitrable, while others are not. In particular, the Court stated that “[a] court may not issue a blanket refusal to compel arbitration merely on the… → Read More

SCC to Reconsider the “Material Contribution” Test for Causation

Posted in Case Previews, Class Actions, Professions, Torts

The Supreme Court of Canada has granted leave in an appeal that may significantly limit liability in tort.  The case, Clements v. Clements, will require the Court to reconsider the “material contribution” test for causation, and in particular, whether it should be restricted to two narrow situations. Decisions Below In the judgment below, Clements (Litigation Guardian of) v. Clements, the British Columbia Court of… → 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