The Supreme Court of Canada issued one decision of interest to Canadian businesses and professions this week. In Behn v. Moulton Contracting Ltd., 2013 SCC 26, the Court affirmed the B.C. Court of Appeal’s finding that the Behns, as individual members of an Aboriginal community, did not have standing to assert collective rights in their… → Read More
Category Archives: This Week at the SCC
Subscribe to This Week at the SCC RSS FeedThis Week at the SCC (06/05/2013)
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 of Canada granted a leave application in the following case of interest to Canadian businesses and professions. In Confédération des syndicats nationaux v. Canada (Procureur général) 2012 QCCA 1822, the Confédération challenged the most recent treatment of employment insurance premiums and surpluses by the federal government pursuant to legislation passed in 2010…. → Read More
This Week at the SCC (26/04/2013)
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 one case of interest to Canadian businesses. In Vivendi Canada Inc. c. Michel Dell’Aniello, the Supreme Court of Canada is revisiting the issue of what constitutes a “common issue” in the context of a class proceeding. The Supreme Court of Canada also denied leave to appeal in… → Read More
This Week at the SCC (19/04/2013)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP
Posted in This Week at the SCCThe Supreme Court heard two appeals this week in cases of interest to Canadian business and professions. An appeal was heard from AIC Limited et al. v. Dennis Fischer et al., 2012 ONCA 47, a ruling in which the Ontario Court of Appeal overturned the motion judge’s initial refusal to certify a class action. The… → Read More
This Week at the SCC (12/04/2013)
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 granted leave to appeal this week in three cases of interest to Canadian businesses and professions. The first involves a series of related appeals from Banque de Montréal c. Marcotte, 2012 QCCA 1396, Fédération des caisses Desjardins du Québec c. Marcotte, 2012 QCCA 1395 and Amex Bank of Canada c. Adams,… → 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 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
This Week at the SCC (01/04/2013)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tetrault LLP
Posted in This Week at the SCCIs the Medium the Message? In R. v. TELUS Communications Co., 2013 SCC 16, a majority of the Supreme Court of Canada this week enhanced the protection of individual privacy by restricting police access to text messages. In essence, Telus successfully challenged the procedure by which the police obtained authorization to access text messages stored… → 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
This Week at the SCC (15/03/2013)
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 refused leave to appeal this week from several cases of interest to Canadian businesses and professions. The decisions included Bossé v. Chief Financial Officer, 2012 FCA 231, where the Federal Court of Appeal held that the Federal Court did not have jurisdiction to resolve a dispute over the seizure of a vehicle for… → Read More
This Week at the SCC (08/03/2013)
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 of Canada rendered a decision that provides a legal framework for injurious affection and nuisance claims resulting from the activity of a public authority. The court also granted leave applications in relation to the claim of an equity partner in a law firm that forced retirement at age 65 is… → Read More
This Week at the SCC (01/03/2013)
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 decided a leave application this week in one case likely to be of interest to Canadian businesses and professions. The Supreme Court refused leave from the Alberta Court of Appeal in Lay v Lay, 2012 ABCA 303. The appeal provided an opportunity for the courts to interpret Alberta’s new Rules… → Read More
This Week at the SCC (22/02/2013)
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 of Canada heard arguments in one case likely to be of interest to Canadian businesses and professions. Judgment was reserved. The appeal to the Supreme Court is from the ruling in Daishowa-Marubeni International Ltd. v. Her Majesty the Queen, 2011 FCA 267. At issue is the proper tax treatment of long-term, contingent reforestation liabilities (imposed by statute). … → Read More
This Week at the SCC (15/02/2013)
Posted in This Week at the SCCCases 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 (08/02/2013)
A Commentary on recent Legal Developments presented by the Opinions Group of McCarthy Tétrault LLP
Posted in This Week at the SCCThe Supreme Court of Canada did not issue any judgments, hear any arguments, or decide any leave applications this week. The Court will have a busier week next week. The McCarthy Tétrault Opinions Group consists of members of the firm’s litigation department whose practices focus on written advocacy and the provision of strategic advice… → Read More
This Week at the SCC (01/02/2013)
A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP
Posted in This Week at the SCCThe Supreme Court issued one judgment this week in a case of interest to Canadian businesses and professions. In its eagerly awaited decision in Sun Indalex Finance, LLC v. United Steelworkers, 2013 SCC 6, the Court provided some needed clarity regarding the rights of pensioners in proceedings under the Companies’ Creditors Arrangement Act (“the CCAA“). In… → 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
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
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