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SCC rules Crown immunity shields officials from compelled discovery when Crown not a party

Thursday, September 28, 2017 @ 12:55 PM | By Cristin Schmitz

Federal officials can’t be compelled to submit to discovery in civil actions to which neither the Crown nor its servants are parties, the Supreme Court has ruled 7-0 in overturning a Quebec judgment that had attenuated federal Crown immunity. The Sept. 28 judgment co-written by Justices Clément Gascon and Russell Brown is of note to civil litigators and others interested in the law of Crown liability: Canada (Attorney General) v. Thouin 2017 SCC 46.

Justice Clément GasconThe top court concluded that provincial rules on discovery do...