The Supreme Court of Canada (“SCC”) is set to hear the appeal of Nguyen c. Director of Criminal and Penal Prosecutions, 2024 QCCA 674 [Nguyen] where the Court of Appeal of Québec (“QCCA”) overturned the decision of the Court of Québec, which held that it had jurisdiction to hear the application of the prosecution [41400].
The Federal Court of Appeal (the “FCA”) resolved an “unusual question” about the Federal Court’s jurisdiction to raise a substantive question not raised by the parties in the context of an urgent motion for judicial review. In Canada (Public Safety and Emergency Preparedness) v Ewen, 2023 FCA 225 [Ewen], the FCA considered the unprompted decision […]
Last November, the Supreme Court of Canada (“SCC”) granted leave to Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc. and McKesson Canada Corporation to appeal Sandoz Canada Inc. v British Columbia, 2023 BCCA 306 (“Sandoz Canada”). The appellants are defendants in a proposed class action brought by the Province of British Columbia (“the […]
The Supreme Court of Canada (“SCC”, or the "Court") will revisit the question of when a contract formed in one province is sufficiently connected to a tort claim to establish jurisdiction over an out-of-province defendant. On January 11, 2024, the SCC granted leave to appeal [40696] the decision in Sinclair v Amex Canada Inc., 2023 […]
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact Assessment Act, S.C. 2019, c. 28, s. 1 (the “Act” or the “IAA”) is unconstitutional because it exceeded the powers allocated to Parliament under s. […]
The Supreme Court of Canada (“SCC”) will soon comment on the jurisdictional contours of the Tax Court of Canada (“TCC”) and Federal Court of Canada (“FCC”). The SCC has granted leave to appeal in Canada v Dow Chemical Canada ULC, 2022 FCA 70 [Dow Chemical Canada], where the Federal Court of Appeal (“FCA”) ruled that s. 247(10) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] is not within the exclusive jurisdiction of the TCC (Dow Chemical Canada, para 5).
On April 22, 2022, the Supreme Court of Canada (“SCC”) granted leave to an application for appeal in the Quebec Court of Appeal’s (“QCCA”) decision in Langford Sharp v Autorité des marchés financiers 2021 QCCA 1364 (“Langford”). The case concerns the appropriate standard of review when assessing the decisions of financial regulators and the role […]
The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v Her Majesty the Queen (SCC 39543). The bench is also expected to explore the s. 8 Charter right to be secure against unreasonable search or […]
In Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks], the majority of the Supreme Court of Canada (“SCC”) held in a 6-1 decision that mandatory dispute resolution provisions under labour legislation confer exclusive jurisdiction to the designated decision-maker, usually a labour arbitrator. As a result, unionized employees will have little to no legal […]
Can publication bans be indefinite, preventing the public from ever accessing court records? The Supreme Court of Canada (“SCC”) was expected to answer this question in Canadian Broadcasting Corp. v. Manitoba, 2021 SCC 33 [CBC v Manitoba]. Instead, the SCC focused on another question altogether: When can a court revisit its own ancillary orders? […]