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 (February 17 – March 11, 2016 inclusive).

Oral Judgments

Criminal Law: Arbitrary Detention; Exclusion of Evidence

R. v. Gagnon, 2016 SCC 6 (36581) Judgment rendered Feb. 24, 2016

Justice Cromwell: “This is an appeal as of right. We all agree, essentially for the reasons given by Doyon J.A. of the Quebec Court of Appeal, that it should be dismissed. The appeal is dismissed.”

Leaves to Appeal

Aboriginal Law: Duty to Consult

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., National Energy Board, and Attorney General of Canada, 2015 FCA 222 (36776)

When does a consultation analysis have to be conducted.

Aboriginal Law: Duty to Consult

Hamlet of Clyde River et al. Petroleum Geo Services Inc. (PGS) et al., 2015 FCA 179 (36692)

Was there an appropriate level of consultation/accommodation herein.

Civil Procedure/Class Actions: Forum conveniens

Deborah Louise Douez v. Facebook, Inc., 2015 BCCA 279 (36616)

What is the appropriate forum; here, for Facebook.

Civil Procedure: Injunctions; Non-Parties; Worldwide Effect

Google Inc. v. Equustek Solutions Inc., 2015 BCCA 265 (36602)

Can injunctions be “worldwide”, and can they extend to non-parties.

Contracts: Arbitration

Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297 (36639)

When can arbitration awards be appealed.

Patents: ‘Inutility’

AstraZeneca Canada Inc., et al. v. Apotex Inc., Apotex Pharmachem Inc., 2015 FCA 158 (36654)

How is patent invalidity for ‘inutility’ to be interpreted (in this sealing-order case).