This was a busy week at the Supreme Court of Canada, with numerous developments likely to be of interest to Canadian businesses.
A very significant labour law appeal — Saskatchewan Federation of Labour v. Saskatchewan, on appeal from the Saskatchewan Court of Appeal — was argued on May 16, 2014. At issue was a Charter challenge to two pieces of provincial legislation. The statutes had, respectively, (i) introduced restrictions on the ability of public sector workers who provide essential services to engage in strike activity, and (ii) changed existing provincial labour legislation to make it more difficult for unions … Continue Reading
The Supreme Court of Canada denied leave to appeal from two cases of interest to Canadian businesses, particularly insurers.
The application for leave to appeal in Malhotra v. State Farm Fire and Casualty Company, 2013 ONCA 326 concerns two orders appointing an umpire under s. 128 of the Ontario Insurance Act. The dispute was in respect to five properties owned by the applicant, Ms. Malhotra, and insured by the respondent.
The applicant maintained that each property required a separate umpire be appointed but the Court of Appeal dismissed the appeal of the decisions appointing a single umpire for … Continue Reading
The Supreme Court of Canada released one judgment, and denied leave to appeal in three other cases, likely to be of interest to Canadian business this week.
In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, a unanimous Court issued a declaration of invalidity (suspended for 12 months) applicable to the Alberta Personal Information Protection Act (the “PIPA”). It was determined that the PIPA‘s prohibition on striking union members videotaping and photographing individuals crossing a picket line interfered with the union’s freedom of expression rights under s-s. … Continue Reading