Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (Feb. 24 – Mar. 16, 2017 inclusive).


Criminal Law/Securities: Trial by Jury

R. v. Peers, 2017 SCC 13 (36865), R. v. Aitkens, 2017 SCC 14 (36866)

These are two separate appeals. The S.C.C. gave judgment and identical “reasons” in the following very short one paragraph by “The Court”: “The appeal is dismissed. We conclude that the appellant was not entitled to a trial by jury, substantially for the reasons of the majority of the Court of Appeal, 2015 ABCA 407, 609 A.R. 352.”

Oral Judgment

Criminal Law: Sexual Assault Causing Bodily Harm

R. v. Olotu, 2016 SKCA 84 (37167) 2017 SCC 11

There is a publication ban in this case; the appeal was dismissed “substantially” for the reasons of Jackson J.A., and no Beaudry error occurred here by the trial judge.

Oral Hearing Ordered

Criminal Law: Search Warrant Disclosure

R. v. McKay, 2016 BCCA 391 (37315)

What, if anything, has to be disclosed by the Crown re information provided to police as grounds for a search warrant.

Leaves to Appeal Granted

Bankruptcy & Insolvency: Doctrine of Equitable Subordination

U.S. Steel Canada Inc. (Re), 2016 ONCA 662 (37284)

Can a Union apply for an order here, subordinating U.S. Steel claims in whole or in part to its own claims, based on the conduct of U.S. Steel in relation to the Canadian plants, pensioners, pension plan members and beneficiaries; and can a CCAA judge apply the doctrine of equitable subordination.

Civil Procedure: Jurisdiction

Goldhar v., 2016 ONCA 515 (37202)

Does Ontario or Israel have the more appropriate forum for this case.

Construction Law: Labour & Materials Bonds

Valard Construction Ltd v. Bird Construction Company, 2016 ABCA 249 (37272)

Can the construction bond herein be claimed on.

Criminal Law: Contempt

R. v. Canadian Broadcasting Corporation, 2016 ABCA 326 (37360)

Does C.B.C. have to follow an injunction order, and are they guilty of criminal contempt.

Criminal Law: Disclosure

Awashish v. R., 2016 QCCA 1164 (37207)

What does the Crown have to disclose on a DUI.

Criminal Law: Inmates

Canada v. Ewert2016 FCA 203 (37233)

Can certain psychological assessment tools be used for aboriginal inmates.

Torts: MVA’s

J.J. v. C.C., 2016 ONCA 718 (37323)

Publication ban here, re liability and apportionment of same, for an MVA.


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