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 this week of significant interest to the legal profession.
In Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, a 6-1 majority ruled that the appointment of the Honourable Marc Nadon and his swearing-in as a judge of the Supreme Court of Canada were void ab initio, and that he remains a judge of the Federal Court of Appeal. The Court clarified that s. 6 of the Supreme Court Act, which requires that three of its nine judges be appointed “from among the judges of … Continue Reading
The Supreme Court of Canada granted leave to appeal this week from one case of interest to Canadian businesses and professions: Thompson v. Canada (National Revenue), 2013 FCA 197. The Thompson appeal concerns whether a lawyer who received a Requirement to produce information under s. 231.2(1) of the Income Tax Act relating to his accounts receivable can be compelled to divulge the names of his clients. The Court will be asked to determine whether s. 231.2(1) gives lawyers the opportunity to resist disclosure by first establishing that solicitor-client privilege protects the names of their individual clients before a … Continue Reading