Summaries Sunday: Supreme Advocacy

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 as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (April 16 – May 15, 2020 inclusive).


Bankruptcy and Insolvency: Discretionary Authority of Supervising Judge; Litigation Funding
9354-9186 Québec inc. v. Callidus Capital Corp., 2020 SCC 10 (38594)

The supervising judge here was appropriately focussed on the fairness at stake to all parties, the specific objectives of the CCAA, and the particular circumstances of this case, including approving third party litigation funding as interim financing, pursuant to s.11.2 of the CCAA. (Appeal allowed from the Bench January 23, 2020; reasons released May 8, 2020).

Civil Procedure/International Law: Jurisdiction
International Air Transport Association v. Instrubel, N.V., 2019 SCC 61 (38562)

The debt is subject to the jurisdiction of the Québec courts. (Appeals dismissed from the Bench December 11, 2019; dissenting reasons released May 1, 2020).

Leaves to Appeal Granted

Aboriginal Law: Flooding; Fiduciary Duties
Southwind v. Canada, 2019 FCA 171 (38795)

What are the fiduciary duties in this flooding case.

Criminal Law: Jury Challenges
R. v. Chouhan, 2020 ONCA 40 (39062)

Constitutional challenge to jury selection process.

Insurance: Coverage; Alcohol Prohibition; Estoppel
Bradfield v. Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800 (38949)

Is there insurance coverage in this alcohol-prohibition estoppel MVA case.

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