SCC

News & Analysis as of

SCC Revisits Constructive Dismissal in Potter v. New Brunswick Legal Aid Services Commission

On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission. ...more

Supreme Court Confirms That Lawyers Cannot Act as Government Agents

In its recent decision in Canada (Attorney General) v. Federation of Law Societies of Canada, the Supreme Court of Canada (Court) held that the government cannot “turn lawyers into state agents”; it cannot require lawyers to...more

Blakes Competition, Antitrust & Foreign Investment Group Report from Canada

In this issue: - Preface - Key Trends for 2015 - Highlights from 2014 - 2014 Annual Report - Mergers - Foreign Investment - Cartels - Private Actions -...more

SCC Recognizes a Lawyer’s Duty of Commitment to the Client’s Cause

In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause. In Canada (Attorney General) v Federation of...more

Supreme Court of Canada Explains Constitutional Right to Collective Bargaining

In a decision released January 16, 2015, the Supreme Court of Canada once again revisited how much constitutional protection is afforded to the collective bargaining process. In Mounted Police Association of Ontario v. Canada...more

Supreme Court of Canada Breathes New Life into Merger Efficiencies in Canada

On January 22, 2015, the Supreme Court of Canada (SCC) issued a groundbreaking decision in the area of merger efficiencies in Tervita Corp. v. Canada (Commissioner of Competition), allowing the appeal of Tervita Corporation...more

PIPA Update - December 2014

As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) in the case of...more

New Good-Faith Duty of Honesty in Contractual Performance Recognized by Supreme Court of Canada

In a precedent setting case, the Supreme Court of Canada has: (1) recognized good faith as a "general organizing principle" of Canadian contract law; and (2) recognized a new duty of "honest performance", which requires...more

Update: PIPA Revived

As a follow-up to our earlier post (PIPA on Death’s Door), Alberta’s Personal Information Protection Act (PIPA) has been resuscitated. The Supreme Court of Canada (SCC) has granted a six-month reprieve, to allow the...more

Flying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim

Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between...more

Guindon: SCC Hearing Scheduled for December 5, 2014

The highly-anticipated appeal to the Supreme Court of Canada in Guindon v The Queen has been scheduled for hearing on December 5, 2014, and the parties have now filed their factums in the appeal. The appeal concerns...more

Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps

Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004...more

Alberta Privacy Law Update: PIPA on Death’s Door

About a year ago on November 15, 2013, Alberta’s Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order...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

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

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

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

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 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 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

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