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.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with) (June 11-July 9, 2015 inclusive).

Appeals

Contracts in Québec: Brokerage; Formation; Commission; Conditions; Warranties
Société en commandite Place Mullins v. Services immobiliers Diane Bisson inc., 2015 SCC 26 (35461)
Clarification as to the above-noted issues, and “[i] sum, the appellants committed no fault in relation to their obligations under either the promise to purchase or the brokerage contract. They therefore did not voluntarily prevent the free performance of that contract within the meaning of clause 6.1(4o).”

Criminal Law: Medical Marihuana; Shaken And Stirred
R. v. Smith, 2015 SCC 34 (36059)
The medical access regime that only permits access to dried marihuana unjustifiably violates the guarantee of life, liberty and security of the person contrary to s. 7 of the Charter. The evidence demonstrated that the decision to use non-dried forms of marihuana for treatment of some serious health conditions is medically reasonable.

Criminal Law: Wrongful Convictions; “Mercy” Power
Hinse v. Canada (Attorney General), 2015 SCC 35 (35613)
The exercise of the Minister’s power of mercy is protected by a qualified immunity and the Crown can be held liable only if the decision was made in bad faith, and with malice. In the absence of bad faith or serious recklessness on the Minister’s part, and of a causal connection between his actions and the alleged damage, an action (for mercy and a pardon, resulting from an “unjust sentence” of 15 years for armed robbery) against AG Canada must fail.

Family Law: Support Guidelines; Jurisdiction
Strickland v. Canada (Attorney General), 2015 SCC 37 (35808)
Canada’s Superior courts have jurisdiction re Federal Child Support Guidelines.

Leaves to Appeal Granted

Criminal Law: Third Party Records
World Bank Group v. Wallace et al, 2014 ONSC 7449 (36315)
When can third party records be subpoenaed.

Labour Law: Termination
Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 (36354)
Was the Applicant “unjustly dismissed” in the circumstances of this case.

Municipal Law: Historical Rehabilitation Payments
Equitable Trust Company v. 604-1st Street S.W. Inc., 2014 ABCA 427 (36301)
Who gets municipally-provided rehab payments for a historical building.

Workers’ Comp: Causal Connection
Fraser Health Authority v. Workers’ Compensation Appeal Tribunal, 2014 BCCA 499 (36300)
Is there a causal connection between the breast cancer(s) and the workplace.