Summaries Sunday: Supreme Advocacy

On the second Sunday in 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. (August 9 – September 13, 2013 inclusive). 

LEAVES

Commercial Law/Employment Law in Quebec: Non-Compete and Non-Solicitation Clauses
Payette v. Guay inc. (Que. C.A., December 12, 2011) (34662)
Non-compete and non-solicitation clauses are interpreted differently depending on whether they’re in commercial agreements or employment contracts – rules of interpretation “more generous” in the former, “much stricter” in the latter.

Legislation: Retroactivity; Res Judicata; Legislatures v. Courts
Régie des rentes du Québec v. Canada Bread Company Ltd. (Que. C.A. August 22, 2011) (34505)
When legislatures enact declaratory provisions with retrospective effect, they are presumed to have weighed the need for the interpretive clarity the provision would bring against the disruption and unfairness that might result from its retroactive nature; courts owe deference to a decision by the legislature to enact such legislation.

LEAVES TO APPEAL

Civil Procedure/Family Law: Constitutionality of Court ‘Hearing Fees’
Are provincial court ‘hearing fees’ constitutional.
Trial Lawyers Association of British Columbia v. Attorney General of British Columbia (B.C.C.A., Feb. 15, 2013) (35315)

Contracts: Implied Terms of Good Faith
When is there an implied term of good faith in renewal of contracts.
Harish Bhasin, carrying on business as Bhasin & Associates v. Larry Hrynew, et al. (Alta. C.A., Mar. 18, 2013) (35380) Aug. 22, 2013 

Criminal Law: Long-Term v. Dangerous
There is a publication ban in this case, in the context of long-term v. dangerous offender orders.
J.P.S. v. R. (Ont. C.A., Nov. 7, 2012) (35310) Sept. 5, 2013

Criminal Law: Manslaughter of Infant; Sentencing ‘Credit’
What should the pre-trial custody credit be in this “shaken baby” case. To be heard with R. v. Carvery. (35115)
R. v. Sean Summers (Ont. C.A., Mar. 12, 2013) (35339) Aug. 15, 2013

Criminal Law: Robbery; Remands For Assessment
When should there be a remand for assessment, in the context of an anticipated dangerous/long-term offender application.
R. v. Steele (Man. C.A., Mar. 13, 2013) (35364) Aug. 22, 2013 

Criminal Law: Sexual Offences; Disclosure
There is a publication ban in this case, in the context of disclosure of police “occurrence reports”.
R. v. V.Q. (Ont. C.A., March 26, 2013) (35390) Aug. 22, 2013

Employment Law in Quebec: Termination
What amount is payable here on an employee termination.
Commission des normes du travail v. Asphalte Desjardins Inc. (Que. C.A., March 19, 2013) (35375) Sept. 5, 2013

Labour Law: Good Faith Bargaining
Was there good faith bargaining by the National Gallery in negotiating fees with artists.
Canadian Artists’ Representation/Front des artistes canadiens, et al. v. National Gallery of Canada (Fed. C.A., Mar. 4, 2013)(35353) Aug. 15, 2013