On February 12, I wrote about the hearing of Phoenix Bulk Carriers Ltd v Kremikovtzi Trade, a case in which the Federal Court of Appeal, while adhering to its own precedent, openly invited the Supreme Court of Canada ("SCC") to reverse its decision. Justice Nadon outlined the reasons why he felt a different result should […]
We get the impression sometimes at law school that lower court judges can be either embarassed or irritated when their decisions are reversed by the Supreme Court of Canada ("SCC"). However, this won't be the case if the SCC overturns the Federal Court of Appeal ("FCA") decision in Kremikovtzi Trade v Swift Fortune (The), 2006 […]
The Supreme Court of Canada ("SCC") released decisions in Resurfice Corp v Hanke, 2007 SCC 7 [Resurfice], yesterday, and Dickie v Dickie, 2007 SCC 8 [Dickie], today. In a 9-0 decision, the appeal in Resurfice was allowed and the trial judgment restored. Chief Justice McLachlin wrote the judgment of the Court, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron […]