Western Canada Business Litigation Blog

Tag Archives: Supreme Court of Canada

Supreme Court of Canada confirms Sattva approach to review of commercial arbitration decisions in British Columbia

Posted in Civil Procedure
Comment

On June 22, 2017, the Supreme Court of Canada (the “SCC”) delivered its decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32 [“Teal Cedar”]. The decision affirms the SCC’s prior ruling that narrowly construes the types of issues which are questions of law for the purpose of an appeal to a court… Continue Reading

The Seven Year Itch: The SCC Returns to Address an Unresolved Question regarding the Crown’s Duty to Consult Aboriginal People and the Legislative Process

Posted in Aboriginal, Constitutional, Environmental
Comment

On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown’s duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown’s duty to consult Aboriginal people can be triggered by legislative action…. Continue Reading

Supreme Court Of Canada Dismisses Appeal Alleging Freedom of Expression Breach

Posted in Constitutional
Comment

In its first decision of 2017, the Supreme Court of Canada addressed the likelihood of successful damages claims against quasi-judicial boards pursuant to s. 24 of the Charter. In a 4-4-1 split decision, the Court ultimately dismissed the appeal and struck the appellant’s claim for damages. Given the nature of the split decision, and the… Continue Reading

SCC Underscores the Importance and Protection of Privileged Communications before Administrative Bodies

Posted in Privacy
Comment

On November 25, 2016, the Supreme Court of Canada (the “SCC”) released two decisions that examine the protection of privileged communications before administrative bodies. The cases, which involve the Information and Privacy Commission of Alberta and Quebec’s Chamber de l’assurance de dommages, consider the ability of legislation to infringe on the established classes of solicitor-client… Continue Reading

SCC Rules Debtors Impliedly Consented to Disclosure of Mortgage Discharge Statement

Posted in Privacy
Comment

On November 17, 2016, the Supreme Court of Canada (the “SCC”) released its decision in Royal Bank of Canada v. Trang, 2016 SCC 50. This case involved the proper interpretation of certain disclosure exceptions in the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 (“PIPEDA”). Writing for a unanimous court, Justice Côté overturned… Continue Reading

Out-of–Province Class Actions Hearings – the Supreme Court of Canada has its say

Posted in Class Actions
Comment

On November 13, 2015, I blogged about the Supreme Court of Canada granting leave to appeal in two related cases: Endean v. British Columbia, 2014 BCCA 61 and Parsons v. Ontario, 2015 ONCA 158.  These cases raised the issue of the scope of inter-jurisdictional coordination for national class actions in Canada by determining whether or… Continue Reading

Setting the Rules for Televising Trials in BC

Posted in Civil Litigation, Civil Procedure
Comment

On September 9, 2016, the B.C. Supreme Court issued the first decision to consider the court’s new practice directive concerning the often contentious question of whether to permit a trial to be recorded for broadcasting. In British Columbia, like other provinces in Canada, trials and other court proceedings are not typically recorded for the purpose… Continue Reading

The little search engine that could, but would prefer not to: Google’s appeal to the Supreme Court of Canada against a new kind of worldwide injunction

Posted in Intellectual Property
Comment

On February 18, 2016, the Supreme Court of Canada granted Google leave to appeal the decision of the British Columbia Court of Appeal in the case of Google Inc. v. Equustek Solutions Inc., 2015 BCCA 265, a case previously discussed on this blog in October 2014 while it was before the Court of Appeal.  The… Continue Reading

Supreme Court clarifies balance between deterrence and protection in securities class actions

Posted in Class Actions
Comment

On December 4, 2015, the Supreme Court of Canada (the “SCC”) issued its decision in Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60. In the highly anticipated decision, a deeply divided Court rendered their reasons for a trilogy of appeals that arose from securities class action cases against CIBC, IMAX Corporation, and Celestica… Continue Reading

Out-of-Province Class Actions go to the Supreme Court of Canada

Posted in Class Actions
Comment

On November 5, 2015, the Supreme Court of Canada (the “SCC”) granted leave to appeal in two related cases: Endean v. British Columbia, 2014 BCCA 61, and Parsons v. Ontario, 2015 ONCA 158. The resolution of these two cases will shape the scope of inter-jurisdictional coordination for national class actions in Canada by determining whether… Continue Reading

One Remedy or More? The Supreme Court of Canada Clarifies Contractors’ Rights Under Builders’ Lien Legislation

Posted in Construction, Real Estate
Comment

On September 18, 2015, the Supreme Court of Canada issued its reasons in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43.  Although the judgment concerned the interpretation of the Manitoba Builders’ Lien Act, it has implications for owners, contractors and others in the construction industry across Canada, including remedies available to… Continue Reading

Finally, the Supreme Court of Canada puts some finality into Arbitrations

Posted in Civil Procedure
Comment

Two of the main benefits of private arbitration are said to be speed and finality. However, the long running case of Sattva Capital Corporation v. Creston Moly Corporation has been a prime example of how court intervention into the arbitration process can lead to arbitration being anything but speedy or final. I first blogged about this case… Continue Reading