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Category Archives: This Week at the SCC

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This Week at the SCC (18/04/2014)

Posted in This Week at the SCC

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP The Supreme Court of Canada denied leave to appeal this week in two cases of interest to Canadian business. In Re Nortel Networks Corporation, the Supreme Court of Canada refused leave to appeal a decision of the Ontario Court of Appeal… → Read More

This Week at the SCC (11/04/2014)

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 of Canada granted leave to appeal in one case, and denied leave to appeal in two other cases, all likely to be of interest to Canadian business. The Court granted leave to appeal from the Alberta ruling in Atco Gas and Pipelines Ltd. v Alberta, 2013 ABCA 310.   Under the applicable regime for setting… → Read More

The Second Opinion: This Week at the Supreme Court of Canada (07/05/2014) Enforcement of Foreign Judgments in Canada through an Unrelated Canadian Subsidiary

Posted in This Week at the SCC

This week the Supreme Court of Canada granted an application for leave to appeal the decision of the Ontario Court of Appeal in Yaiguaje v. Chevron Corporation 2013 ONCA 758.  As a result, the Supreme Court of Canada will review the jurisdictional requirements for the enforcement of foreign judgments in Canada. The case is particularly… → Read More

This Week at the SCC (28/03/14)

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 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… → Read More

This Week at the SCC (21/03/14)

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 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… → Read More

This Week at the SCC (14/03/14)

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 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… → Read More

This Week at the SCC (07/03/14)

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 denied leave to appeal this week in one case of interest to Canadian businesses. In Springdale Pizza Depot Ltd. et al v. 2189205 Ontario Inc. et al, the Supreme Court of Canada  declined to grant leave to appeal from an Ontario Court of Appeal decision which addressed the availability of… → Read More

This Week at the SCC (31/01/14)

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 this week released two judgments of interest to Canadian businesses and professions, the first dealing with the scope of the ”unlawful means” required to ground the tort of interference with economic relations and the second addressing the permissable use of a pension surplus. In A.I. Enterprises Ltd. v. Bram Enterprises Ltd.,… → Read More

This Week at the SCC (17/01/14)

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 Vivendi Canada Inc. v. Dell’Aniello, 2014 SCC 1, a case of great interest to Canadian businesses.  Vivendi involved the “commonality” of issues test for authorizing class actions in Quebec.  The Supreme Court of Canada ruled that the Quebec test for “commonality” was broader and more flexible than… → Read More

This Week at the SCC (10/01/14)

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 denied leave to appeal this week from three cases of interest to Canadian businesses and professions. The first, Wightman c. Widdrington (Succession de), 2013 QCCA 1187, involved a test case on behalf of investors claiming over $1 billion against an accounting firm and its Canadian partners arising out of the 1992 bankruptcy… → Read More

This Week at the SCC (13/12/2013)

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 this week of interest to Canadian businesses and professions. In the first, AIC Limited v. Fischer, 2013 SCC 69, the Court upheld the certification of a class action by investors against mutual fund managers, who alleged that they suffered losses when the defendants engaged in “market timing” activities. … → Read More

This Week at the SCC (06/12/2013)

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 one case likely to be of interest to Canadian business and professions. In McLean v. British Columbia (Securities Commission), 2013 SCC 67, the Supreme Court of Canada clarified the limitation period applicable to “secondary proceedings” in the context of securities enforcement.

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

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

This Week at the SCC (08/11/2013)

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 decision this week of interest to Canadian businesses and professions. In R. v. Vu, 2013 SCC 60, the Court held that a search warrant could not be relied upon to search computers found at the residence it named, if the warrant did not specifically refer to or authorize computer searches.  In contrast… → Read More

This Week at the SCC (01/11/2013)

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

Posted in Competition, This Week at the SCC

The Supreme Court of Canada released judgments in three cases and denied leave to appeal in one case of interest to Canadian businesses and professions. In a trilogy of cases (Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57, Sun-Rype Products Limited v. Archer Daniels Midland Company, 2013 SCC 58  and Infineon Technologies AG v…. → Read More

This Week at the SCC (18/10/2013)

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 released judgments in two cases, granted leave to appeal in one case and denied leave to appeal in three cases of interest to Canadian business and professions. In Castonguay Blastings Ltd. v. Ontario (Minister of Environment), 2013 SCC 52, the Court adopted a purposive and expansive interpretation of the reporting… → 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

This Week at the SCC (04/10/2013)

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 released one decision this week of interest to Canadian businesses and professions. In British Columbia (Forests) v. Teal Cedar Products Ltd., 2013 SCC 51, the Court held that an arbitrator acting under the B.C. Commercial Arbitration Act (“CAA”) cannot generally award either pre-judgment or post-judgment compound interest on an arbitral… → Read More

This Week at the SCC (27/09/2013)

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 released one judgment, and denied leave to appeal in a second case, of interest to Canadian business this week. In Envision Credit Union v. Canada, 2013  SCC 48, the majority of the Court, per Rothstein J., affirmed the earlier ruling of the Federal Court of Appeal.  Two credit unions had effected… → 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

This Week at the SCC (23/08/2013)

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 this week in one case that is likely to be of significant interest to Canadian businesses and professions. The decision appealed from is Bhasin v. Hrynew, 2013 ABCA 98, in which the Alberta Court of Appeal held that the corporate defendant was not under a duty… → Read More

This Week at the SCC (20/08/2013)

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 dismissed an application for leave to appeal the decision of the B.C. Court of Appeal in The Los Angeles Salad Company Inc. v. Canadian Food Inspection Agency 2013 BCCA 34, thereby confirming the reluctance of Canadian Common law courts to impose a private law tort duty upon regulators acting in… → Read More