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TheCourt.ca is the premier source of commentary on, and analysis of, the work of the Supreme Court of Canada. Its goal is to be an inclusive forum for academics, practitioners and interested citizens to publish, review and discuss commentary on recent Supreme Court judgments, upcoming cases, current hearings, scholarly perspectives, practical insights, updates and more. The blog was originally founded by Simon Fodden, Professor Emeritus at Osgoode Hall Law School, and has been continuously publishing commentary since 2005. Over the years, TheCourt.ca has attracted thousands of readers and featured writing by leading scholars and practitioners.
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Flying Fair? SCC Weighs in on International Air Transportation Association v Canada
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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].
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Intentions Matter: Excluding Liability for Statutorily Implied Conditions in Earthco v Pine Valley
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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).
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APPEAL WATCH: Forfeiture Of Offence-Related Property Explored In Nguyen
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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].
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