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Category Archives: This Week at the SCC

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This Week at the SCC (17/10/2014)

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 interest to Canadian businesses and professions. In Imperial Oil v. Jacques, 2014 SCC 66, the Court held that a private litigant can request the disclosure of recordings of private communications from third parties to the civil action, which were intercepted by the government during a criminal investigation, without the consent of either… → Read More

This Week at the SCC (03/10/2014)

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

Posted in Case Comments, This Week at the SCC

The Supreme Court of Canada issued a judgment in one case and denied leave to appeal in another case of interest to Canadian businesses and professions. In Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), a majority of the Court ruled that a provincial rule requiring the payment of court hearing fees, with… → Read More

This Week at the SCC (26/09/2014)

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 one case, and refused leave in several other cases, likely to be of interest to Canadian businesses and professions. The Court granted leave from the ruling of the Saskatchewan Court of Appeal in Lemare Lake Logging Ltd v 3L Cattle Company Ltd, 2014 SKCA 35.  That… → Read More

This Week at the SCC (19/09/2014)

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 judgment this week in a trilogy of cases of interest to Canadian businesses and professions. In Bank of Montreal v. Marcotte, 2014 SCC 55, Amex Bank of Canada v. Adams, 2014 SCC 56 and Marcotte v. Fédération des caisses Desjardins du Québec, 2014 SCC 57, the Court upheld class action trial… → Read More

This Week at the SCC (27/06/14)

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

Posted in This Week at the SCC

This has been a particularly busy week at the Supreme Court of Canada vis-à-vis cases likely to be of interest to Canadian businesses and professionals.  The Court issued two significant rulings, and refused leave to appeal in another seven cases.

This Week at the SCC (13/06/14)

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 issued two rulings, granted two leave to appeal applications, and dismissed three applications for leave to appeal, in cases likely to be of interest to Canadian businesses and professionals. In R. v. Spencer, 2014 SCC 43, the Supreme Court of Canada ruled that the police engaged in an… → Read More

This Week at the SCC (06/06/2014)

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 one appeal of interest to Canadian businesses and professions. The decision in Amtim Capital Inc. v. Appliance Recycling Centers of America  (2014 ONCA 62) indicates that pre-emptive declaratory relief in one jurisdiction may not be effective to prevent subsequent litigation elsewhere.

This Week at the SCC (30/05/2014)

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 two appeals of interest to Canadian businesses and professions. The first, Transalta Corporation v. Canada, 2013 FCA 285, held that a taxpayer who successfully appeals a tax assessment after making a failed settlement offer to the Minister of National Revenue is not automatically entitled to… → Read More

This Week at the SCC (23/05/14)

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 several rulings, and dismissed one application for leave to appeal, in cases likely to be of interest to Canadian businesses and professionals.

This Week at the SCC (16/05/14)

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

Posted in This Week at the SCC

This was a busy week at the Supreme Court of Canada, with numerous developments likely to be of interest to Canadian businesses. A very significant labour law appeal — Saskatchewan Federation of Labour v. Saskatchewan, on appeal from the Saskatchewan Court of Appeal — was argued on May 16, 2014.  At issue was a Charter… → Read More

This Week at the SCC (02/05/2014)

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 released two decisions and granted leave to appeal in one case likely to be of interest to Canadian businesses. The Supreme Court dismissed an appeal from the Quebec Court of Appeal in Immeubles Jacques Robitaille inc. v. Québec (City), 2014 SCC 34. The appellant developer had challenged an… → Read More

This Week at the SCC (25/04/2014)

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 three judgments this week of interest to Canadian businesses and professions. The first, Peracomo Inc. v. TELUS Communications Co., 2014 SCC 29, involved an action against a crab fisherman and his company brought after he deliberately cut a cable lying on a river bottom which, unbeknownst to him, was a live… → Read More

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

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 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 addressing whether a stay of proceedings granted under the federal Companies’ Creditors Arrangement Act… → 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

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 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.