Focus On

Supreme Court of Canada

Latest

Friday, December 13, 2019 @ 1:33 PM

GOODS AND SERVICES TAX (GST) - Constitutional validity - Supply - Supply by government and municipalities

Appeal and cross-appeal from a judgment of the British Columbia Court of Appeal affirming a decision that the Excise Tax Act (ETA) did not apply to the British Columbia Investment Management Corporation (BCI) and that BCI was subject to the obligations set out in the intergovernmental agreements. ... [read more]

Friday, December 13, 2019 @ 12:36 PM - Last Updated: Friday, December 13, 2019 @ 1:29 PM

SCC upholds lower court decision on Crown corporation’s immunity from federal tax Andromache KARAKATSANIS sm

The Supreme Court of Canada (SCC) has ruled in a 6-1 decision released Dec. 13, that the British Columbia Investment Management Corporation (BCI or bcIMC), a Crown corporation that manages and invests pensions and other money for several public-sector organizations, is immune from federal tax under the Excise Tax Act (ETA). However, it held that BCI is still bound by provisions in the Reciprocal Taxation Agreement (RTA) and the Comprehensive Integrated Tax Coordination Agreement (CITCA). ... [read more]

Thursday, December 12, 2019 @ 1:39 PM

FAMILY PATRIMONY - Establishment - Residences

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision declaring that the value of the family residence should be included in the division of the family patrimony. ... [read more]

Wednesday, December 11, 2019 @ 8:20 AM

The Supreme Court and duty of good faith: What now? business_contract_sm

Most people wouldn’t be surprised to learn that Canadian contract law recognizes the duty to perform contracts in “good faith,” and that good faith includes an overriding duty of “honest performance.” But when the Supreme Court of Canada explicitly recognized the duty of good faith in the 2014 case Bhasin v. Hrynew 2014 SCC 71 (Bhasin), legal scholars and commentators predicted the ruling would have a significant impact on the obligations of parties to commercial contracts in Canada. ... [read more]

Friday, December 06, 2019 @ 12:37 PM - Last Updated: Friday, December 06, 2019 @ 1:36 PM

INTERPRETATION - General principles - Context

Appeals from a judgment of the Ontario Court of Appeal, reversing a decision declaring that the terms of an indemnity agreement concluded in 1985 (the 1985 Indemnity) required the Province of Ontario to compensate the respondents for the cost of complying with an order of the Director of the Ministry of the Environment and Climate Change (Director). ... [read more]

Friday, December 06, 2019 @ 10:35 AM - Last Updated: Friday, December 06, 2019 @ 3:55 PM

Gov’t’s indemnity doesn’t insulate ex-paper mill owners from costs to monitor, maintain waste disposal site Supreme Court Justice Rosalie Silberman Abella

The Supreme Court of Canada has ruled 4-3 that two former owners of a northern Ontario pulp and paper mill which polluted nearby rivers with mercury are not insulated by a 1985 indemnity signed by the Ontario government from paying the costs to monitor and maintain a mercury disposal site, as ordered in 2011 by the Director of the Ministry of Environment. ... [read more]

Thursday, December 05, 2019 @ 11:47 AM

Liability for unlawful arrest and right to refuse to comply | Sylvie Rodrigue

On Nov. 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Quebec courts below and ordering the Société de transport de Montréal (STM) (the authority responsible for the subway system), the City of Laval and constable Fabio Camacho to pay her $20,000 in relation with her detention and arrest 10 years ago. ... [read more]

Friday, November 29, 2019 @ 3:00 PM - Last Updated: Friday, November 29, 2019 @ 4:38 PM

SCC awards $20,000 for unlawful arrest, says police must know law, respect civil liberties Justice Suzanne Côté

A university student who fought her illegal arrest up to the highest court has been vindicated by the Supreme Court of Canada, which unanimously awarded her $20,000 for the mistreatment she suffered after she exercised her right not to comply with a subway inspector’s unlawful order to hold the handrail on a down escalator in Montreal’s subway system. ... [read more]

Friday, November 29, 2019 @ 2:58 PM

FAULT - Abuse of powers - Abusive detention or arrest - Apportionment of liability

Appeal from a decision of the Quebec Court of Appeal dismissing Kosoian’s action for unlawful arrest against the Société de transport de Montréal (STM), the City of Laval (City) and Camacho, a police officer employed by the City. ... [read more]

Thursday, November 28, 2019 @ 5:23 PM

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability Daniele Dion

In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective. ... [read more]