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

Tag Archives: Quebec Court of Appeal

This Week at the SCC (15/02/2013)

By Kirsten Thompson on Posted in This Week at the SCC

Cases Heard The Supreme Court of Canada heard arguments this week in four interrelated cases of interest to Canadian businesses and professions, and reserved judgment in each. The four copyright cases, which canvas a variety of issues under the Copyright Act,  arise from the decision of the Québec Court of Appeal in France Animation v. Robinson, 2011… → Read More

This Week at the SCC (25/01/2013)

By Brandon Kain on Posted in This Week at the SCC

Cases Heard The Supreme Court of Canada heard arguments this week in two cases of interest to Canadian businesses and professions, and reserved judgment in each. The first is an appeal from Guay Inc. c. Payette, 2011 QCCA 2282, in which the Quebec Court of Appeal held that restrictive covenants which precluded the appellant from… → Read More

How Clear Must the Legislature Be to Set Aside a Final Judgment?

By Marc-Andre Russell and Rachel Laferriere on Posted in Case Previews, Labour and Employment

The Supreme Court of Canada (Deschamps, Abella, Cromwell JJ.) has granted leave in a pension litigation case, in which the Court could potentially revisit the principles underlying democratic dialogue. This case may offer the Supreme Court the opportunity to provide an updated statement on the doctrines of retroactivity and res judicata, particularly on the differences… → Read More

Will Your Companies’ Creditors Arrangement Act Superpriority Still Be that Super once the Scheme of Collocation is Drawn Up?

By Rachel Laferriere on Posted in Bankruptcy and Debt, Case Comments, Construction and Real Estate, Financial Services

In the context of an arrangement plan pursuant to the Companies’ Creditors Arrangement Act, a financial institution was granted a superpriority on all moveable and immoveable debtors’ assets following an additional $2,150,000 loan to the debtor, in order to allow it to complete some construction projects it had already started and for which it already owed… → Read More

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

By Brandon Kain on 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

Franchisor’s Implicit Obligation of Good Faith and Loyalty

By Isabelle Vendette on 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

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

By Rachel Laferriere on 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