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 (August 11 – September 21, 2018 inclusive).

Appeals

Criminal Law: Confidential Informer Information
R. v. Brassington, 2018 SCC 37 (37476)

Jurisprudence prevents piercing informer privilege unless the accused can show his or her innocence is at stake. There is no basis for departing from that rule when the accused is a police officer. Here no evidence of “innocence at stake” was presented, so the police officers herein are not entitled to disclose the information to their lawyers.

Intellectual Property/Copyright/Internet: Norwich Orders; Costs
Rogers Communications Inc. v. Voltage Pictures, LLC, et al., 2018 SCC 38 (37679)

ISP’s are entitled to be compensated for reasonable costs, but not every cost incurred, to comply with Norwich orders. Costs re statutory obligations under s. 41.26(1) are neither reasonable nor arising from compliance with a Norwich order.

Leaves to appeal granted

Criminal Law: Judicial Interim Release
R. v. Penunsi, 2018 NLCA 4 (38004)

Does, and if so how, s. 515 of the Criminal Code apply to s. 810.2 in the bail context.

Municipal Law in Québec: Contracts 
Ville de Montréal v. Octane Stratégie inc., 2018 QCCA 223 (38066)

Is the contract herein valid and enforceable.

Municipal Law in Québec: Contracts 
Octane Stratégie inc. v. Richard Thériault and Ville de Montréal, 2018 QCCA 223 (38073)

Similar summary to that immediately above.