In Behn v. Moulton Contracting Ltd., 2013 SCC 26, the Supreme Court of Canada (the “Court”) expanded the doctrine of abuse of process to preclude parties which employed self-help remedies from raising as a defence various arguments which could and should have been advanced by commencing formal legal proceedings instead of taking self-help steps. Unlike… → Read More
Tag Archives: Supreme Court of Canada
This Week at the SCC (05/04/2013)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP
Posted in This Week at the SCCThis week, the Supreme Court issued two judgments of interest to Canadian businesses and professions. In Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, the Court reaffirmed the test for the exercise of discretion in applying issue estoppel. In Ediger v. Johnston, 2013 SCC 18 , a medical malpractice case, the Court discussed the standard… → Read More
Different but Hopefully Equal? Federal and Provincial Employment Standards to be Considered by the Supreme Court
Posted in Administrative, Case Previews, Labour and EmploymentThe Supreme Court of Canada has granted leave in an appeal about whether provincial or federal legislation governs workplace compensation for federal workers. If the decision of the Court of Appeal in Martin v. Alberta (Workers’ Compensation Board), 2012 ABCA 248 is upheld, federal workers may find that their claims for accident-related compensation will be… → Read More
What’s the Value of a Truck Stop Without Any Trucks? Supreme Court Addresses Nuisance Claims in Public Projects
Posted in Case Comments, Construction and Real Estate, Torts, TransportationIn a new decision, the Supreme Court of Canada has provided guidance on when compensation might be due in cases of nuisance caused by public infrastructure projects. The Antrim decision is relevant not only for those involved in the management of public projects, but it also shapes the more general law of nuisance, especially in… → Read More
The UK and Canadian Supreme Courts to Consider the Legal Status of Equity Partners
Posted in Administrative, Case Comments, Labour and Employment, ProfessionsCan 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
This Week at the SCC (22/03/2013)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP
Posted in This Week at the SCCThe Supreme Court of Canada heard arguments in a few cases likely to be of interest to Canadian businesses and professions. In Sovereign General Insurance Company v. Autorité des marchés financiers, the Court was asked to consider whether s. 482 of Quebec’s Act respecting the distribution of financial products and services (the “Act”) – which… → Read More
A Duty of Diligent Fulfillment? SCC Rules that Land Grants to Métis Children Breached Honour of Crown
Posted in Aboriginal, Case CommentsCanada breached the Honour of the Crown in the manner in which it distributed parcels of land to the children of the Métis people of Manitoba in the 1870s, according to a majority of the Supreme Court of Canada. The Court’s 6-2 decision in Manitoba Métis Federation Inc. v. Canada (Attorney General) has the potential… → Read More
Consumer Class Actions: BCCA Limits Availability of “Waiver of Tort” Claims but Expands Jurisdictional Reach in Conspiracy Claims
Posted in Case Comments, Class Actions, Competition, Manufacturing, TortsIntroduction The SCC recently dismissed two leave applications from important (but unrelated) decisions of the BCCA in the consumer class action realm. One decision, in a rather noteworthy step, engages in an extensive analysis of and narrows the availability of the “waiver of tort” doctrine in claims based on alleged breaches of consumer protection type… → Read More
Give This Post Superpriority – Supreme Court Decides Sun Indalex Finance, LLC v. United Steelworkers
Posted in Bankruptcy and Debt, Case Comments, Financial Services, Labour and Employment, ProcedureIntroduction The Supreme Court has issued its much-anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers. The Supreme Court has issued its much-anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers (“Indalex”). The decision has significant implications for lenders, employers and pension plan administrators of Ontario-registered defined benefit (“DB”) pension plans. First, it… → Read More
This Week at the SCC (25/01/2013)
Posted in This Week at the SCCCases 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
This Week at the SCC (18/01/2013)
Posted in This Week at the SCCCases 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 Newfoundland (Workplace Health, Safety and Compensation Commission) v. Ryan Estate, 2011 NLCA 42. It involves whether s. 6 of the federal Maritime Liability… → 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
Craig and Prokofiew — A Tale of Two Cases: The SCC Considers the Precedential Effect of its Obiter Dicta
Posted in Case Comments, Constitutional, CriminalAs discussed in a previous post, the Supreme Court of Canada, in Canada v. Craig, overruled one of its own precedents, on the basis that there were compelling reasons indicating that the precedent’s interpretation of a provision of the Income Tax Act was incorrect. This interpretation was part of the precedent’s ratio decidendi and not… → 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 SCCCases 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 (07/12/2012)
Posted in Aboriginal, Bankruptcy and Debt, Corporate Law, Environmental, Labour and Employment, Securities, This Week at the SCCCases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, the majority of the Court held that environmental protection orders issued under provincial legislation, which required an insolvent company to undertake remediation measures but which were… → 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 SCCCases 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
SCC to Hear Appeal in Castonguay Blasting
Posted in Case Previews, Criminal, Environmental, RegulatoryThe Supreme Court of Canada has granted leave to appeal in a case that could significantly expand the jurisdiction of environmental regulators, and increase the costs of compliance for the private sector. Castonguay Blasting will require the Court to determine whether the discharge of contaminants into the natural environment must be reported even if it does… → Read More
What’s in a Name? Ontario Pharmacies Fight to Substitute Brand-Name Drugs with Private-Label Equivalents
Posted in Administrative, Case PreviewsThe Supreme Court of Canada has granted leave to appeal in a case that pits retail pharmacy chains in Ontario against the provincial government in a battle over generic drug reform. At the heart of this appeal is whether Ontario can lawfully prohibit pharmacies from selling private–label generic drugs by regulation, rather than by statute…. → Read More
Back to Basic: US Supreme Court to Hear Amgen and Clarify “Fraud-on-the-Market” Reliance Presumption in Class Actions
Posted in Case Previews, Class Actions, Corporate Law, Securities, TortsThe Supreme Court of the United States has announced it will hear the appeal in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, setting the stage for an important clarification of the use of the “fraud-on-the-market” reliance presumption in U.S. securities class actions. The Court first set out the presumption in its 1988 landmark… → Read More
How Clear Must the Legislature Be to Set Aside a Final Judgment?
Posted in Case Previews, Labour and EmploymentThe 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
SCC Pulls Back the Curtain on Trust Residence
Posted in Case Comments, TaxBackground The Supreme Court of Canada has recently clarified in Fundy Settlement v. Canada that for the purposes of Canadian taxation the residence of a trust is where the central mind and management resides. This decision, confirming both the Tax Court of Canada and the Federal Court of Appeal lower court decisions, is a major… → Read More
How Momentous is This? New SCC Ruling on Forum Selection and Arbitration Clauses
Posted in Alternative Dispute Resolution, Case Comments, Conflict of Laws, Contracts, ProcedureIn twelve short paragraphs, the Supreme Court of Canada’s new judgment in Momentous provides helpful guidance on the question of whether a motion to dismiss on jurisdictional grounds may be brought after the delivery of a Statement of Defence. The Court also reaffirms the centrality and uniqueness of the “strong cause” test where a jurisdictional… → Read More
SCC Grants Leave to Appeal in Medical Negligence Case on Causation
Posted in Case Previews, Health, TortsThe Supreme Court of Canada has granted leave to appeal in Ediger v. Johnston, a medical negligence case that addresses the test for factual and legal causation. Background In Ediger, an infant suffered acute and severe hypoxia-ischemic encephalopathy (damage to the central nervous system caused by inadequate oxygen) during delivery. The injury was caused by… → Read More
CONGRATULATIONS!!! YOU HAVE WON MILLIONS!!! … or not yet?
Posted in Case Comments, ContractsActually, not. The odds of your winning are one in 120 million. On February 28, 2012, the Supreme Court of Canada established the test for misleading advertising and rendered a landmark decision that will generate important discussions all across Canada. Background In 1999, Mr. Richard received an “Official Sweepstakes Notification” in the mail. In large,… → Read More
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