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Supreme Court of Canada

Bennett Jones LLP

Fish(es), Minerals, Train Tracks and Parks (and the law of Constructive Taking)

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The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more

Davies Ward Phillips & Vineberg LLP

Court of Québec Orders the Exclusion of Evidence Citing “Serious” and “Systemic” Breaches of the Canadian Charter of Rights and...

In the Bouchard case rendered in July 2023, many years after the Supreme Court of Canada rendered the Jarvis decision, the Court of Québec concluded that the fundamental rights of medical specialists (i) against...more

Blake, Cassels & Graydon LLP

Attribution d’un acte à une société : principales différences entre les affaires Aquino et Golden Oaks

Dans notre récente publication intitulée Principaux développements dans la jurisprudence canadienne en matière d’insolvabilité en 2022, nous indiquions que la Cour suprême du Canada (la « CSC ») a accueilli des requêtes en...more

Bryan Cave Leighton Paisner

Certification of Collective Actions in the CAT

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Bennett Jones LLP

Supreme Court of Canada Denies Leave to Appeal in Intrusion upon Seclusion Trilogy

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On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations...more

Blake, Cassels & Graydon LLP

Corporate Attribution in Insolvency: Key Differences Between Aquino and Golden Oaks

In our recently published Key Developments in Canadian Insolvency Case Law in 2022, the Supreme Court of Canada (SCC) has granted leave to appeal the decisions of Ernst & Young Inc. v. Aquino (Aquino) and Golden Oaks...more

Davies Ward Phillips & Vineberg LLP

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its...more

Bennett Jones LLP

The Ontario Court of Appeal Confirms the Narrow Confines of the Tort of Intrusion Upon Seclusion

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2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to expand the tort of intrusion upon seclusion to impose liability on institutions...more

Davies Ward Phillips & Vineberg LLP

Major Expropriation Reform on the Horizon in Québec

On May 25, 2023, the Québec government tabled a bill to replace the current Expropriation Act. Like the current law, the bill will apply to expropriations initiated by both the provincial and municipal governments. The bill...more

Blake, Cassels & Graydon LLP

Poursuites-bâillons : la CSC confirme l’intérêt public du contre-discours avançant les droits à l’égalité des jeunes transgenres

Le 19 mai 2023, la Cour suprême du Canada (la « CSC ») a publié sa décision dans l’affaire Hansman c. Neufeld (l’« arrêt Hansman »), soit la plus récente affaire hautement médiatisée portant sur les poursuites « anti-SLAPP »...more

Davies Ward Phillips & Vineberg LLP

Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs

The Supreme Court of Canada, in commenting on anti-SLAPP legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be dismissed if the public interest in the...more

Blake, Cassels & Graydon LLP

SCC Affirms the Public Interest in Counter-Speech That Advances the Equality Rights of Transgender Youth in Anti-SLAPP Decision

On May 19, 2023, the Supreme Court of Canada (Court) released its decision in Hansman v. Neufeld (Hansman), the latest high-profile anti-SLAPP case in Canada. Hansman clarifies the circumstances in which courts will dismiss a...more

Davies Ward Phillips & Vineberg LLP

Québec Court Tackles Novel Issues During Approval of the Second Remediation Agreement (a.k.a. Deferred Prosecution Agreement)...

The Superior Court of Québec recently published its reasons1 approving Canada’s second remediation agreement under the Criminal Code, Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc...more

Smart & Biggar

Supreme Court of Canada denies Apotex leave to appeal ONCA olanzapine Statutes of Monopolies decision

Smart & Biggar on

As we previously reported, the Ontario Court of Appeal affirmed the lower court’s decision dismissing Apotex’s claims against Eli Lilly under the Ontario and English Statutes of Monopolies, Trademarks Act, and common law...more

Smart & Biggar

Supreme Court of Canada denies Pharmascience leave to appeal decision upholding the validity of two patents relating to ELIQUIS

Smart & Biggar on

On March 30, 2023, the Supreme Court of Canada dismissed Pharmascience’s application for leave to appeal (Docket No. 40400) a decision of the Federal Court of Appeal (FCA) upholding the validity of two patents relating to...more

Bennett Jones LLP

Home is Where the Risk is When Carrying on (Insurance) Business

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In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

Dickinson Wright

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard...

Dickinson Wright on

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases....more

Smart & Biggar

2022 Highlights in Canadian Life Sciences IP and Regulatory Law

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Below are highlights from the Rx IP’s team’s 2022 updates (see also our Top 10 Rx IP Update Reads of 2022): Contents: 1. Patent decisions on the merits 2. PMNOC Regulations: Fifth-year anniversary of major amendments,...more

Stikeman Elliott LLP

Supreme Court Clarifies Accounting of Profits Remedy in Patent Infringement Cases

Stikeman Elliott LLP on

On November 18, 2022, the Supreme Court of Canada (“SCC”) released its decision in Nova Chemicals Corp v Dow Chemical Co (2022 SCC 43). This decision upheld the largest monetary award to date in a Canadian patent infringement...more

Blake, Cassels & Graydon LLP

La Cour suprême du Canada clarifie l’application des clauses d’arbitrage en matière d’insolvabilité

Dans le cadre de sa récente décision Peace River Hydro Partners c. Petrowest Corp., 2022 CSC 41 (l’« affaire Peace River »), la Cour suprême du Canada (la « CSC ») a précisé les circonstances dans lesquelles une convention...more

Smart & Biggar

Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova

Smart & Biggar on

In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova. The Supreme Court dismissed Nova’s appeal of the earlier decisions of...more

Stikeman Elliott LLP

Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

Stikeman Elliott LLP on

On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Clarifies Application of Arbitration Clauses in Insolvency

In the recent case of Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (Peace River), the Supreme Court of Canada (the SCC) clarified the circumstances in which an otherwise valid arbitration agreement may be held...more

Blake, Cassels & Graydon LLP

La Cour suprême du Canada clarifie le test visant à établir s’il y a expropriation déguisée par l’État en common law

La Cour suprême du Canada (la « Cour ») a rendu une décision récemment dans l’affaire Annapolis Group Inc. c. Halifax Regional Municipality, 2022 CSC 36 (l’« affaire Annapolis »). Elle y donne des précisions quant au test...more

Bennett Jones LLP

The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law

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On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether...more

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Updated: Dec 28, 2021:

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JD Supra, LLC
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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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