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

Tag Archives: Supreme Court of Canada

Securities Secondary Market Liability in Quebec To Be Discussed by the Supreme Court of Canada

Posted in Case Comments, Case Previews, Class Actions, Securities

On February 20, 2014, the Supreme Court of Canada granted leave to appeal from the first decision from the Québec Court of Appeal on the statutory secondary market liability regime adopted in 2007, pursuant to a reform of the Quebec Securities Act, R.S.Q. c. V-1.1 (“QSA”). Material Facts Under the QSA, Theratechnologies inc. (“Thera”) is… → Read More

The Second Opinion: The SCC Narrows the Scope of the Tort of Unlawful Interference With Economic Relations

Posted in The Second Opinion

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP The contours of the tort of unlawful interference with economic relations have, heretofore, been “unsettled”, “confusing” and “inconsistent”.  The tort essentially provides redress when party “A” intentionally inflicts economic injury on party “B”  by use of unlawful means against party “C”. … → Read More

The Supreme Court Vivendi Decision and its Not Insignificant Implications

Posted in Case Comments, Class Actions

The first judgment of 2014 rendered by the Supreme Court of Canada, Vivendi Canada Inc. v. Dell’Aniello, 2014 SCC 1 (“Vivendi”), deals with the conditions for authorization of a class action in Quebec. The judgment has several important implications for Canadian businesses that are likely to be involved in class action proceedings. First, the Court held… → Read More

The Second Opinion: The BCCA Sheds Indirect Light on the “Public Importance” Test for Granting Leave to Appeal to the SCC

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

Posted in The Second Opinion

A recent ruling of the British Columbia Court of Appeal — Byatt International SA v. Canworld Shipping Company Limited, 2013 BCCA 558 — provides useful guidance regarding the unique test to be applied on a motion to stay an appeal court’s ruling, pending the conclusion of a leave-to-appeal application before the Supreme Court of Canada. … → Read More

The Latest Word from the SCC on Assessment of Contractual Damages

Posted in Contracts, Labour and Employment

The recent Supreme Court decision in IBM Canada Limited v Waterman, 2013 SCC 70, has gotten much attention for its ruling and comments about the “collateral benefits” principle and how it applies to pension benefits paid to wrongfully dismissed employees during the notice period. The issue was whether the exception should apply to preclude a… → Read More

The Burden of Proof to Rectify a Contract: The Ordinary Civil Standard Applies

Posted in Case Comments, Contracts

The issue Rectification is an important equitable doctrine allowing courts to rewrite contracts that erroneously record the agreement reached by the parties.  The basic requirements for rectification are well settled.  Where there is a mutual mistake, the party seeking rectification must show (i) that the parties had a common continuing intention prior to the making… → Read More

Regulatory Settlement Will Not Prevent Class Action: SCC Certifies Fischer

Posted in Class Actions, Regulatory

The following article may be of interest to readers of this blog: Regulatory Settlement Will Not Prevent Class Action: SCC Certifies Fischer On December 12, 2013, the Supreme Court of Canada released its much anticipated decision in AIC Limited v. Fischer, 2013 SCC 69. The Court unanimously held that a restitution payment in settlement of… → Read More

This Week at the SCC (22/11/2013)

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

Posted in This Week at the SCC

The Supreme Court of Canada rendered judgment in two cases, granted leave in one case and refused leave in three cases of interest to Canadian business and professions. In La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, 2013 SCC 63, the Supreme Court of Canada, in upholding the conviction of an insurance company… → Read More

The Supreme Court of Canada Upholds Ontario Laws Banning Pharmacies from Selling Private-Label Generic Drugs in Katz Group Canada Inc. v. Ontario (Health and Long-Term Care)

Posted in Case Comments, Health, Manufacturing

Overview In Katz Group Canada Inc. v. Ontario (Health and Long-Term Care), the Supreme Court of Canada unanimously upheld the validity of regulations under the Drug Interchangeability and Dispensing Fee Act (DIDFA) and the Ontario Drug Benefit Act (ODBA). The regulations at issue were amended in 2010 to stop pharmacies from controlling manufacturers that sell… → Read More

“The digital and Internet age meets the law of search and seizure” as the SCC clarifies the law on search warrants and computers in R v. Vu

Posted in Case Comments, Charter of Rights, Constitutional, Criminal

Overview The Supreme Court of Canada recently released a unanimous judgment in R. v. Vu, 2013 SCC 60, in which it ruled that authorities must obtain specific authorization in a search warrant in order to search computers located on premises covered by the warrant. In this case, the police collected incriminating evidence against Mr. Thanh… → Read More

This Week at the SCC (15/11/2013)

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

Posted in This Week at the SCC

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)… → Read More

Supreme Court Releases the Indirect Purchaser Trilogy

Posted in Class Actions, Competition

The following article by Sarah Corman and Shaun Finn may be of interest to readers of this blog: Supreme Court Releases the Indirect Purchaser Trilogy In an important trilogy released October 31, 2013, the Supreme Court of Canada recognized the right of indirect purchasers to assert competition claims while confirming its rejection of the “passing… → Read More

SCC Declares “When in Doubt, Report” Under the Environmental Protection Act

Posted in Case Comments, Construction and Real Estate, Energy, Manufacturing, Transportation

In Castonguay Blasting, the Supreme Court of Canada has unanimously upheld a broad interpretation of environmental reporting obligations under Ontario’s Environmental Protection Act. The judgment, delivered by Abella J., suggests that corporations may have environmental reporting obligations even in circumstances where they would appear not to have impacted “the environment” as that term is usually… → Read More

This Week at the SCC (11/10/2013)

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

Posted in This Week at the SCC

The Supreme Court of Canada granted leave to appeal in two decisions this week of interest to Canadian businesses and professions. Attorney General of Canada v. Federation of Law Societies of Canada is an appeal from the BC Court of Appeal’s decision upholding the trial court’s decision which declared provisions of the Proceeds of Crime (Money… → Read More

What will Justice Nadon’s appointment bring to the Supreme Court?

Posted in Aboriginal, Administrative, Charter of Rights, Class Actions, Competition, Intellectual Property, Tax

Background Earlier this week, the Prime Minister surprised many Supreme Court-watchers by nominating the Honourable Marc Nadon to replace Justice Fish at the Supreme Court of Canada. Given this recent appointment, the Canadian Appeals Monitor has taken a look at Nadon J.’s jurisprudential legacy to date and identified key cases which illustrate his judicial leanings, especially… → Read More

Notices of Termination Likely to be Revisited by the Supreme Court of Canada

Posted in Case Comments, Contracts, Labour and Employment

Last week, the Supreme Court granted leave to appeal from an important Quebec Court of Appeal decision on labour standards, which may bring significant changes in the interpretation of the law on notices of termination (or délai-congé) for employment contracts. In the facts of the case, Mr. Guay (hereinafter “the employee”) worked for Asphalte Desjardins… → Read More

This Week at the SCC (13/09/2013)

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

Posted in Labour and Employment, This Week at the SCC

The Supreme Court of Canada released two judgments, granted leave to appeal in one case and denied leave to appeal in one case of interest to Canadian business this week. In Payette v. Guay Inc., 2013 SCC 45, the Supreme Court of Canada confirmed that the rules applicable to restrictive covenants apply with greater rigour… → Read More

This Week at the SCC (06/09/2013)

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

Posted in This Week at the SCC

The Supreme Court of Canada refused leave to appeal this week in a number of cases that are likely to be of interest to Canadian businesses and professions. In Mark Oppenheim, et al. v. 2963-0456 Québec Inc., 2013 QCCA 234, the QCCA and QCCS had characterized certain “cut-through agreements” — entered into in the context of a film-production partnership… → 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

The Rascal Returns: The Supreme Court Reaffirms Doctrine of Constructive Trust in Nishi v. Rascal Trucking Ltd.

Posted in Case Comments, Class Actions, Construction and Real Estate, Contracts, Corporate Law, Manufacturing, Municipal

The Supreme Court has issued its decision in the case of Nishi v. Rascal Trucking Ltd., 2013 SCC 33, clarifying the scope of the resulting trust doctrine, in the commercial context. The Court reaffirmed its own precedent and refused to abolish well-established doctrine in the absence of a “compelling” reason for doing so, strong dissents… → Read More

This Week at the SCC (14/06/2013)

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

Posted in This Week at the SCC

The Supreme Court of Canada released two judgments and heard one appeal likely to be of interest to Canadian business and professionals. In Edward Sumio Nishi v. Rascal Trucking Ltd. (B.C.), 2013 SCC 33, the Supreme Court declined to depart from the long standing doctrine of purchase-money resulting trust in favour of an approach based… → Read More

This Week at the SCC (24/05/2013)

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

Posted in This Week at the SCC

The Supreme Court of Canada has released two judgments and one leave-to-appeal ruling likely to be of interest to Canadian business and professionals. In Cojocaru v. British Columbia Women’s Hospital and Health Centre, a unanimous Supreme Court overturned (in part) a ruling of the British Columbia Court of Appeal.  The BCCA had ruled that the trial… → Read More

Coulda, Shoulda? The SCC Expands the Abuse of Process Doctrine in Behn v. Moulton Contracting Ltd.

Posted in Aboriginal, Case Comments, Procedure

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

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 SCC

This 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