Business, Commercial, Civil Litigation Archives

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Flying Fair? SCC Weighs in on International Air Transportation Association v Canada

Posted on 6 May 2025

Airline passengers in Canada recently scored an important win regarding consumer protection. In International Air Transportation Association v Canada (Transportation Agency), 2024 SCC 30 [International Air], the Supreme Court of Canada (“SCC”) unanimously held that the Canada Transportation Agency’s (the “Agency”) Air Passenger Protection Regulations, SOR/2019-150 [Regulations] were valid regulations that did not violate the Convention for the Unification of Certain Rules for International Carriage by Air, 2242 UNTS 309 [Montreal Convention].

Intentions Matter: Excluding Liability for Statutorily Implied Conditions in Earthco v Pine Valley

Posted on 1 April 2025

In Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20 [Earthco], the Supreme Court of Canada (“SCC”) affirmed that common law principles of contractual interpretation apply to exclusion clauses under the Sale of Goods Act, RSO 1990, c S1 [SGA]. While “express agreement” sufficient to oust SGA liability must include an explicit statement of joint intention, it does not require precise legal terminology or “magic words” (Earthco, para 98).

Bell Canada Decision Finds Itemized Electricity Charges To Be A Single Supply

Posted on 11 March 2025

Bell was denied favourable goods and services tax (“GST”) treatment of its purchase of electricity, which was determined to be a single supply for the purpose of claiming input tax credits (“ITCs”) under the Excise Tax Act, RSC 1985, c E-15 [ETA]. In Bell Telephone Company of Canada v. Canada, 2025 FCA 27 [Bell Canada], The Federal Court of Appeal (“FCA”) […]

Contracts and Reconciliatory Justice: Quebec v Pekuakamiulnuatsh Takuhikan

Posted on 4 March 2025

In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine when contracts between the state and Indigenous entities engage the honour of the Crown. Applying this test to tripartite agreements between Canada, Quebec, and the Pekuakamiulnuatsh First Nation, the Court found Quebec liable […]

Can't always get what you want: SCC to consider interpretation of insurance contracts in Trillium Mutual Insurance Company v Emond

Posted on 4 February 2025

In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured's recovery of rebuilding costs arising from compliance with regional building regulations. On appeal by leave [41077], the Supreme Court of Canada (“SCC”) will likely provide […]

APPEAL WATCH: Lights, Camera, Action - Competition Tribunal applies drip pricing provision

Posted on 26 November 2024

In Canada (Commissioner of Competition) v Cineplex Inc., 2024 Comp Trib 5 [Cineplex], the Competition Tribunal (“Tribunal”) levied penalties of nearly $40 million dollars against Cineplex Inc., finding that Cineplex Inc. made price misrepresentations through its digital ticket purchasing platforms. The decision marks the first contested proceeding involving the recently enacted “drip pricing” deceptive marketing […]

President's Choice Bank v Canada : Credit Card Loyalty Point Programs Can Claim Input Tax Credits

Posted on 16 November 2024

Loyalty point programs demonstrate that, for GST/HST purposes, a payment can be received in its entirety as both a commercial and exempt amount. The Federal Court of Appeal (“FCA”) recently allowed an appeal brought by President’s Choice Bank (“PC Bank”) in President’s Choice Bank v Canada, 2024 FCA 135 [President’s Choice]. The decision permitted PC […]

SCC Clarifies Bankruptcy Discharge Provisions

Posted on 24 October 2024

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions of the Bankruptcy and Insolvency Act.

Jurisdiction For Tax Cases: Supreme Court Of Canada Draws The Line Between Federal Court And Tax Court Of Canada

Posted on 22 October 2024

Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or Federal Court (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to taxpayers concurrently commencing proceedings in both […]

APPEAL WATCH: If You Can’t Patent the Drug, Patent the Dosage

Posted on 15 October 2024

The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to appeal [41209] the Federal Court of Appeal (“FCA”) decision in Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, 2024 FCA 23 [FCA].