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, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (Dec. 14 – Jan. 16, 2014 inclusive).


Copyright: Compensatory Damages; Punitive Damages; Disgorgement of Profits; Solicitor-Client Costs
Cinar Corporation v. Robinson  (Que. C.A., Dec. 9, 2011) (34466, 34467, 34468, 34469) Dec. 23, 2013
Personal liability for copyright infringement against defendants, except one. Compensatory and punitive damages awarded (punitives reduced from $1M to $500K), plus disgorgement of profits. Costs awarded throughout, and solicitor-client costs at trial.

Criminal Law: Prostitution
Canada (Attorney General) v. Bedford  (Ont. C.A., Mar. 26, 2012) (34788) Dec. 20, 2013
Criminal Code ss. 210 (brothels), 212(1)(j) (pimping) 213(1)(c) (solicitation) all unconstitutional; judgment suspended one year.

Police: Access To Counsel
Wood v. Schaeffer  (Ont. C.A. Nov, 15, 2011)(34621) Dec. 19, 2013
Police cannot consult counsel before note-making.

Class Actions in Québec: Certification/Authorization
Vivendi Canada Inc. v. Dell’Aniello (Que. C.A., Feb. 29, 2012) (34800) Jan. 16, 2014
The Quebec legislature laid down the essential conditions that must be met to authorize a class action; one of these conditions is there be one or more questions of law or fact that are “identical, similar or related” for all the members of the group; Quebec law requires not a common answer, but a common question that can serve to advance the resolution of the litigation with respect to all the members of the group.


Aboriginal Law: Band Elections
What are the procedure and protocols for an election of Chief.
Chief Sheldon Taypotat, et al. v. Louis Taypotat (Fed. C.A., Aug. 13, 2013) (35518) Dec. 19, 2013

Charter: Suicide; Euthanasia
Are the Criminal Code provisions re assisted suicide & euthanasia constitutionally valid.
Lee Carter, et al. v. Attorney General of Canada, et al. (B.C.C.A., Oct. 10, 2013) (35591) Jan. 16, 2014

Municipal Law In Quebec: Prayers; Religious Symbols
Can Christian religious symbols be present during council meetings, and can a prayer be said at the start of proceedings?
Mouvement laïque québécois, et al. v. City of Saguenay, et al. (Que. C.A., May 27, 2013) (35496) Jan. 16, 2014

Real Property: Real Estate Commissions
Should real estate commission be paid in this non-performed conditional real estate deal.
Société en commandite Place Mullins 139612 Canada inc. v. Services immobiliers Diane Bisson inc. (Que. C.A., May 10, 2013) (35461) Dec. 19, 2013

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