SCC

News & Analysis as of

Provincial Jurisdiction Confirmed Regarding Treaty Rights – Supreme Court of Canada’s Keewatin Decision

In Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 (Decision), also known as the Keewatin Decision, the Supreme Court of Canada (SCC) confirmed that provinces have the power to take up treaty lands for...more

Tsilhqot’in Decision: The Sky Is Not Falling

Despite the significant media attention that the recent Supreme Court of Canada (SCC) decision in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (Decision) has received, it represents a reiteration of established law...more

Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter

The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said resulted from a disciplinary letter that followed years of conflict over another workplace...more

Supreme Court Issues New Interpretation Upsetting Established Protocol for Obtaining Internet Service Subscriber Information

On Friday, June 13, 2014, the Supreme Court of Canada issued a landmark decision (R v Spencer) upsetting a common interpretation of a provision of the Personal Information Protection and Electronic Documents Act (PIPEDA) that...more

Confidentiality Clauses and Privilege: A Delicate Balance

Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union...more

Supreme Court Of Canada: Limits On Government Disclosure Include Policy Options

On Friday, the Supreme Court of Canada (“SCC”) issued a unanimous decision in John Doe v. Ontario (Finance),2014 SCC 36 that outlines the parameters on the ability of the public to access information under Ontario’s Freedom...more

Sanchez v. Canada (Citizenship and Immigration): When to Stay an Appeal Pending a Decision by the Supreme Court of Canada

In the recent case of Sanchez v. Canada (Citizenship and Immigration), Stratas J.A. of the Federal Court of Appeal dismissed the appellant’s motion for a stay of the appeal pending a decision by the Supreme Court of Canada....more

SCC Grants Leave To Appeal In Guindon v. The Queen

The Supreme Court of Canada has granted leave to appeal in Guindon v. The Queen (Docket # 35519). In this case, the Supreme Court of Canada will consider whether penalties imposed under section 163.2 of the Income Tax Act...more

The Supreme Court Holds that Preferability May Hinge on Substantive Access to Justice

In AIC Limited v. Fisher, 2013 SCC 69, the Supreme Court of Canada ruled on what makes a class action a preferable procedure under s.5(1)(d) of the Class Proceedings Act, 1992. The Supreme Court’s decision on this point came...more

Sino-Forest: More Lessons as a Chapter Closes

On March 13, 2014 the Supreme Court of Canada dismissed applications for leave to appeal by a group of alleged former institutional shareholders of Sino-Forest Corporation. These institutions unsuccessfully sought leave to...more

Supreme Court of Canada to Decide if a Lawyer Subject to Enforcement Proceedings can Claim Solicitor-Client Privilege

The Supreme Court of Canada recently granted leave to appeal in Minister of National Revenue v Duncan Thompson, 2013 FCA 197, which touches on the issue of whether a lawyer subject to enforcement proceedings can claim...more

Supreme Court’s Decision in R v. Nedelcu and its Impact on Litigation Involving Both Civil and Criminal Components

R v. Nedelcu, 2012 SCC 59, is a recent Supreme Court of Canada decision which clarifies the scope of the right against self-incrimination, protected by section 13 of the Charter. The case considers the question of whether and...more

Russian Court Recognizes a Northern Ireland Court Decision in Order to Fullfill International Legal Obligations to Combat...

This alert examines a recent resolution of the Presidium of the Supreme Commercial Court of the Russian Federation (“SCC”), No. 6004/13, dated 8 October 20131 (“Resolution”), which recognized in the Russian Federation the...more

The Supreme Court Of Canada Seeks To Rein-In Court Costs. A New Approach For Summary Judgment Motions In Ontario

The Supreme Court of Canada has endorsed a new approach in Ontario stating “trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they...more

Hryniak v. Mauldin: Standard of Review on Appeal of a Motion for Summary Judgment in Ontario

In 2010, Ontario amended the Rules of Civil Procedure to reform the summary judgment procedure under Rule 20. In Hryniak v. Mauldin, decided on January 23, 2014, the Supreme Court of Canada considered for the first time the...more

Federal Hate Speech Prohibition Has Nine Lives

On January 31, 2014, the Federal Court of Appeal held in Lemire v Canadian Human Rights Commission that the hate speech prohibition in the Canadian Human Rights Act is constitutional. This decision comes on the heels of the...more

Supreme Court Rules on Rectification Remedy Under Québec Civil Law in the Tax Context

The question whether rectification of contracts is a remedy available to parties under the Québec Civil Code (CCQ), previously unsettled in Québec civil law, was answered in the affirmative by the Supreme Court of Canada in...more

Supreme Court Narrows the Tort of Unlawful Interference with Economic Relations

Canadian courts have long struggled with the tort of unlawful interference with economic relations. This struggle has generated significant ambiguity in the case law—even the tort’s name was unsettled. However, on January 31,...more

Supreme Court Clarifies “Unlawful Means” Requirement in Tort of Unlawful Interference with Economic Relations

On January 31, 2014, the Supreme Court of Canada released its unanimous decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., clarifying and narrowing the common law tort of unlawful interference with economic relations...more

Supreme Court Revitalizes Summary Judgment to Foster Access to Justice

In a much-anticipated decision released on January 23, 2014, Hryniak v Maudlin, 2014 SCC 7, the Supreme Court of Canada articulated a new approach to summary judgment under Rule 20 of Ontario's Rules of Civil Procedure (RRO...more

Cinar Corporation v Robinson, 2013 SCC 73

On December 23, 2013, a unanimous Supreme Court of Canada issued its decision in the copyright infringement action involving the children’s cartoon television show “The Adventures of Robinson Curiosity” (“Curiosity”) and the...more

The Supreme Court of Canada Seeks to Improve Access to Justice through Expanded Summary Judgment Motions

The Supreme Court of Canada has released its much anticipated decision dealing with summary judgment motions. In a welcome outcome, the Court has lowered the bar for obtaining summary judgments, such that many parties and the...more

Is a Deal a Deal?

So you’ve found your dream neighbourhood. Close to parks and schools. Near your children’s friends. Safe. Close to work. You find the perfect house for you and your family in your dream neighbourhood and it is for sale. You...more

Rodriguez Redux

Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG),...more

Alberta Court Grants Order Under Public Lands Act Halting Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more

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