John Nyman

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

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).

Contracts and Reconciliatory Justice: Quebec v Pekuakamiulnuatsh Takuhikan

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 […]

Sanis Health Inc v British Columbia: Flexible Federalism Permits National Class Action on Opioids

In Sanis Health Inc v British Columbia, 2024 SCC 40 [Sanis], the Supreme Court of Canada (“SCC”) upheld British Columbia’s power to represent other Canadian governments in a national class action under its Opioid Damages and Health Care Costs Recovery Act, SBC 2018, c 35 [ORA]. Nearly all provincial, territorial, and federal governments supported the […]

Parliament Doesn’t Make Mistakes: Clarifying Driving Prohibitions in R v Wolfe

In R v Wolfe, 2024 SCC 34 [Wolfe], a majority of the Supreme Court of Canada (“SCC”) ruled that driving prohibitions cannot be imposed upon conviction for driving-related criminal negligence. The decision closes a years-long, multi-court debate over the statutory interpretation of new driving offence provisions in the Criminal Code, RSC 1985, c C-46 [Code].

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

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].

R v Bykovets: A Proactive Approach to Digital Privacy

In R v Bykovets, 2024 SCC 6 [Bykovets], a 5-4 majority of the Supreme Court of Canada (“SCC”) found that Internet Protocol (“IP”) addresses are protected by the right against unreasonable search and seizure in section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Henceforth, police will require a search warrant to compel […]

Appeal Watch: Guilt and Conviction for Lesser Included Offences

In R v Wolfe, 2022 SKCA 132 [Wolfe], the Saskatchewan Court of Appeal (“SKCA”) affirmed that part VIII.1 of the Criminal Code, RSC 1985, c C-46 [Code] grants judges the authority to order driving prohibitions for driving-related criminal negligence causing death or bodily harm. In so doing, the SKCA disagreed with the Ontario Court of […]