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

Tag Archives: privilege

Business Realities v. Narrow Legalities: The Supreme Court considers the oppression remedy in Mennillo v. Intramodal Inc., 2016 SCC 51

Posted in Case Comments, Corporate Law

In Mennillo v. Intramodal Inc. 2016 SCC 51, the most recent consideration of the oppression remedy by the Supreme Court of Canada (released on November 18, 2016), the majority confirmed the oppression remedy’s equitable purpose, and held that a corporation’s failure to comply with the CBCA[1] does not, on its own, constitute oppression.

This decision, with particular applicability to small, closely held corporations, reiterated oppression remedy principles set out in the 2008 Supreme Court decision of BCE Inc. v. 1976 Debentureholders,[2] that the remedy is concerned with fairness and business realities, rather than narrow legalities.[3]… Continue Reading

Court of Appeal Rules on Privilege over Regulator’s Investigation File

Posted in Case Comments, Class Actions

Does privilege shield a regulator’s investigation file that has not been produced to a respondent? The Ontario Court of Appeal recently grappled with whether or not to compel a regulator to produce its investigation file of its member to plaintiffs in a class action against that member. There are important lessons in the Court’s determination that case-by-case privilege did not apply in the circumstances. Nevertheless, the Court held that plaintiffs did not need the regulator’s documents to prove their allegations in the class action, and on that basis declined to order production.… Continue Reading

This Week at the SCC (18/04/2014)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada denied leave to appeal this week in two cases of interest to Canadian business.

In Re Nortel Networks Corporation, the Supreme Court of Canada refused leave to appeal a decision of the Ontario Court of Appeal addressing whether a stay of proceedings granted under the federal Companies’ Creditors Arrangement Act stays remediation orders issued by the Ministry of the Environment.

Leave to appeal was also declined by the Supreme Court of Canada in Association des pompiers professionnels de Québec inc. c. Québec (Ville de), an administrative law case emanating from the Quebec Court … Continue Reading

This Week at the SCC (10/06/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

This week the Supreme Court of Canada granted two leave applications and rejected another in cases concerning important evidentiary issues.

In Couche-Tard Inc. v. Jacques 2012 QCCA 2266 and Pétrolière Impériale v. Jacques 2012 QCCA 2265, the issue was whether the Quebec Superior Court was correct in ordering the Competition Bureau, a third party to the case, to provide to the parties to a class action recordings of communications intercepted and given to the accused in a previous criminal investigation. The Superior Court had ordered communication of the recordings subject to redaction to protect the privacy of third parties. … Continue Reading

The Second Opinion: Absolute Privilege for Lawyers Not So Absolute

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

Amato v. Welsh, 2013 ONCA 258 marks an interesting development in the law – it suggests the previously inviolable doctrine of absolute privilege which protects lawyers from suit may admit an exception. The Court of Appeal upheld the decision of the lower court, saying that it is possible that a court could find that the duty of loyalty trumps the doctrine of absolute immunity.

The centuries old doctrine of absolute privilege permits lawyers, judges and other players in legal proceedings to shield themselves from suit for words spoken during such proceeding, provided the words were uttered for the purposes … Continue Reading