Here’s a super-tight summary of all appeals and all leaves to appeal. For leaves I’ve specifically added in both the date the SCC granted leave and the date of the CA judgment below, in case you want to track and check out the CA judgment.
This summary covers February 27 – April 17, 2012.
Most annoyances are merely a matter of advocacy; and, good advocacy is as much about knowing all of the things that you should not do as it is about being aware of those things that you should do.
If you’d like previous reports so you’re right-up-to-date, or if you’d like an electronic copy (so you can click n’ go) email me: emeehan@supremeadvocacy.ca
APPEALS
ADMINISTRATIVE LAW: DISCIPLINE; CHARTER & JUDICIAL REVIEW
Doré v. Barreau du Québec (Jan. 13, 2010) (33594) Mar. 22, 2012
A lawyer who wrote an intemperate and critical letter to a judge (himself reprimanded by the Canadian Judicial Council) was suspended for 21 days, and the Code of Ethics upheld as constitutional.
ADMINISTRATIVE LAW: ROLE OF TRIBUNALS v. ROLE OF COURTS; STANDARD OF REVIEW; LANGUAGE RIGHTS; SCHOOL FUNDING
Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission)(NSCA, Feb. 11, 2010, heard on Oct. 19, 2011)(33651) Mar. 16, 2012
When a Human Rights Commission appoints a board of inquiry, a reviewing court should intervene only if there is no reasonable basis in law or evidence to support the decision, and their discretionary decision should be reviewed on a standard of reasonableness.
CIVIL PROCEDURE: FORUM SELECTION CLAUSES
Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd.(Ont. CA, Oct. 29, 2010) (33999) Mar. 15, 2012
When another forum (arbitration panel, tribunal, other court) has exclusive jurisdiction to deal with a claim, a motion can be brought (here, Ontario) to dismiss (granted, upheld on appeal).
CRIMINAL LAW: LONG-TERM SUPERVISION ORDERS; LONG-TERM OFFENDERS; ABORIGINAL OFFENDERS
R. v. Ipeelee (Ont. CA, Dec. 15, 2009) (33650); R. v. Ladue (BCCA, Mar. 8, 2011) (34245) Mar. 23, 2012
Courts must take into account an aboriginal offender’s background for sentencing purposes, and counsel have a duty to bring that individualized information forward unless expressly waived.
CRIMINAL LAW: WARRANTLESS WIRETAPS
R. v. Tse (BCSC, Feb. 22, 2008) (33751) April 13, 2012
Section 184.4 of the Criminal Code was declared unconstitutional, primarily because of lack of accountability. Judgment suspended for 1 year for Parliament to act.
CONSUMER PROTECTION IN QUEBEC: “HONEY, WE JUST WON A VACUUM CLEANER (AND PUNITIVE DAMAGES)”
Richard v. Time Inc. (Que. CA, December 10, 2009) (33554) Feb. 28, 2012
A mass mail-out contravened Quebec’s prohibited business practices legislation, resulting in $1,000 compensatory damages and $15,000 punitives.
TAX: RESIDENCY OF TRUSTS (FOR TAX PURPOSES)
Fundy Settlement v. Canada (Fed. CA, Nov. 17, 2010) (34056, 34057) April 12, 2012
A trust is resident where its real business is carried on, which is where the central management and control of the trust actually takes place, not (always) where the trustee lives.
LEAVES TO APPEAL GRANTED
ABORIGINAL LAW: TREATY RIGHTS; DUTY TO CONSULT
Is there a duty to consult, and what is the content of that duty, with regard to timber licences within aboriginal-claimed land?
Sally Behn, et al. v. Moulton Contracting Ltd., et al. (BCCA, July 6, 2011) (34404) April 5, 2012
CIVIL PROCEDURE: REASONS FOR JUDGMENT
To what extent can a trial judge adopt submissions of counsel?
Eric Victor Cojocaru, et al v. BC Women's Hospital and Health Center et al (BCCA, April 14, 2011) (34304) April 5, 2012
CRIMINAL LAW: HOURLY RATES FORAMICUS CURIAE
When amicus curiae is appointed by a court, who pays, and how much?
R. v. Criminal Lawyers Association, et al (Ont. CA, April 19, 2011) (34317) April 5, 2012
CRIMINAL LAW: MURDER & (ATTEMPTED) SUICIDE
Is there first degree murder on the facts of this case?
Gauthier v. R. (Que. CA, July 26, 2011) (34444) Mar. 29, 2012
EMPLOYMENT LAW: PENSIONS
In a termination situation, should pension benefits paid during the notice period be deducted from a damages award?
IBM Canada v. Waterman (BCCA, Aug. 2, 2011) (34472) April 5, 2012
LABOUR LAW: RANDOM ALCOHOL TESTING
When amicus curiae is appointed by a court, who pays, and how much?
R. v. Criminal Lawyers Association, et al (Ont. CA, April 19, 2011) (34317) April 5, 2012
CRIMINAL LAW: HOURLY RATES FORAMICUS CURIAE
Can an employer adopt a random mandatory alcohol testing policy?
Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper (NB CA, July 7, 2011) (34473) Mar. 22, 2012
MARITIME LAW: LIMITATION PERIODS
Does a provincial limitation period apply in a federal Marine Liability Act proceeding?
Marine Services International, David Porter v. Estate of Joseph Ryan, et al (NL CA, June 15, 2011) (34429) April 5, 2012
PENSIONS IN QUEBEC
Are certain clauses of a private pension plan that authorizes an employer to reduce pensions after closing down lawful?
Régie des rentes du Québec v. Canada Bread Company Ltd., et al. (Que. CA, Aug. 22, 2011) (34505) Mar. 29, 2012
About the Author
Eugen Meehan, Q.C., is a litigation partner at Supreme Advocacy LLP, Ottawa. emeehan@supremeadvocacy.ca