Browse Cases by Year

Bankruptcy and insolvency — Transfers at undervalue — Intent to defraud, defeat, or delay creditor — Corporate attribution doctrine — Fraud exception — Directing mind of debtor companies engaged in false invoicing scheme — Monitor and trustee in bankruptcy of debtor companies applying under federal bankruptcy and insolvency legislation to recover monies paid to individuals involved in scheme on basis that transactions were transfers at undervalue and that debtors intended to defraud, defeat or delay creditors — Applications allowed and repayment of monies ordered — Whether trustee and monitor established directing mind’s intent to defraud, defeat, or delay creditors — Whether intent of directing mind to defraud, defeat, or delay creditors can be attributed to debtor companies — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 96(1)(b)(ii)(B).

Administrative law — Judicial review — Standard of review — Subordinate legislation — Vires — Federal child support guidelines challenged as ultra vires Governor in Council — Standard of review applicable to review of vires of subordinate legislation — Whether child support guidelines within scope of authority delegated to Governor in Council by enabling statute — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 26.1 — Federal Child Support Guidelines, SOR/97‑175.

Constitutional law — Charter of Rights — Remedy — Damages — Legislation enacted by Parliament later found unconstitutional — Plaintiff commencing action against Crown for damages for breach of Charter rights caused by enactment of legislation — Whether damages against Crown can ever be appropriate remedy under Charter for enactment of legislation later declared unconstitutional — Canadian Charter of Rights and Freedoms, s. 24(1).

Criminal law — Informer privilege — Open court principle — Motion for stay of proceedings and appeal by accused person having police informer status heard in camera, and information that might tend to identify person sealed — Interested third parties challenging confidentiality orders — Whether confidentiality orders were justified.

Constitutional law — Charter of Rights — Application — Right to equality — Discrimination based on non-resident status in self‑governing Indigenous community — Self‑governing Indigenous community requiring chief and councillors to reside on settlement land or relocate there within 14 days of election — Citizen of community wishing to stand for election but living away from settlement land — Citizen bringing constitutional challenge to residency requirement on basis of infringement of Charter right to equality — Whether Charter applies to residency requirement — If so, whether residency requirement infringes citizen’s right to equality — Canadian Charter of Rights and Freedoms, ss. 15, 32.

Courts — Jurisdiction — Taxation — Income tax — Downward transfer pricing adjustment — Taxpayer reporting taxable income — Taxpayer including income earned and deducting interest expenses incurred under loan agreement with related foreign company — Minister reassessing and applying transfer pricing rules to income earned resulting in increased amount of taxable income — Minister declining to exercise discretion to make downward transfer pricing adjustment in respect of interest expenses — Taxpayer applying to Federal Court for judicial review of Minister’s decision denying downward adjustment and appealing reassessment to Tax Court of Canada — Whether decision by Minister exercising discretion to deny taxpayer’s request for downward transfer pricing adjustment falls outside exclusive original jurisdiction of Tax Court to determine appeals of assessments — Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), ss. 169, 247(2), 247(10) — Federal Courts Act, R.S.C. 1985, c. F‑7, ss. 18.1, 18.5.

Patents—Validity—Reissue—Conductive cream for skin contact electrodes not a medicine—Interpretation of specification and claims in light of knowledge of man skilled in the art—Patent Act, R.

Sale of goods — Contracts — Interpretation — Exclusion clauses — Requirements to negative or vary statutory implied conditions — Provincial legislation providing for implied condition in contract for sale of goods by description that goods will correspond to description — Legislation allowing parties to negative or vary implied condition by express agreement — Exclusion clause in contract between buyer and seller providing that seller not liable for quality of material — Whether exclusion clause was express agreement to oust liability for breach of implied condition that goods must correspond with description — Sale of Goods Act, R.S.O. 1990, ss. 14, 53.

Financial institutions — Banks — Letters of credit — Bank’s obligation to pay on demand — Fraud exception — Scope and availability of exception when fraud of third party to letter of credit is alleged — Whether fraudulent conduct of stranger to letter of credit can be attributable to letter’s beneficiary as beneficiary’s own fraud, thereby requiring issuing bank to refuse demand for payment under fraud exception.

Transportation law — Air transport — Passenger compensation — Federal transportation agency adopting regulations providing for minimum compensation to passengers on flights to and from Canada in case of delay, cancellation, denial of boarding and lost or damaged baggage — Provisions challenged by air carriers on basis that they conflict with exclusivity principle of international convention implemented in Canadian law governing damages liability of international air carriers — Whether impugned provisions of regulations ultra vires agency — Convention for the Unification of Certain Rules for International Carriage by Air, 2242 U.N.T.S. 309, Article 29 — Air Passenger Protection Regulations, SOR/2019-150.

Courts — Jurisdiction — Taxation — Excise tax — GST returns — Taxpayer applying for judicial review in Federal Court and seeking declarations related to assessments disallowing input tax credits and assessing penalties — Application struck out on basis that challenge to validity of assessments was matter within exclusive jurisdiction of Tax Court of Canada — Whether application for judicial review properly struck out — Excise Tax Act, R.S.C. 1985, c. E‑15, s. 302 — Federal Courts Act, R.S.C. 1985, c. F‑7, s. 18.5.

Access to information — Exemptions — Cabinet records — Mandate letters — Cabinet records exempted by provincial legislation from general right of public access to government‑held information — Cabinet records exemption applicable when disclosure would reveal substance of cabinet deliberations — Whether cabinet records exemption protects mandate letters prepared for cabinet ministers by premier from disclosure — Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, s. 12(1).

Aboriginal law — Treaty rights — Historic treaties — Interpretation — Standard of review — Two treaties between First Nations and Crown containing clause according to which annual payments in exchange for ceded land would be augmented over time under certain circumstances — Annuities increased only once in 1875 — First Nations commencing actions against Crown for breach of treaties — Trial judge interpreting augmentation clause and articulating nature and content of Crown’s obligation to increase annuities — Standard of appellate review for interpretation of historic treaties — Proper interpretation of augmentation clause.

Bankruptcy and insolvency — Debts not released by order of discharge — Provincial securities commission imposing administrative penalties and disgorgement orders on bankrupts for breach of securities legislation — Commission applying to prevent release of debts by order of discharge on basis of exceptions set out in federal bankruptcy legislation — Whether commission’s administrative penalties and disgorgement orders fall within exceptions provided for in bankruptcy legislation such that they are not released by order of discharge and therefore survive bankruptcy — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B‑3, s. 178(1)(a), (e).

Aboriginal law — Honour of the Crown — Contracts — Good faith — Remedy — Police services — Successive tripartite agreements entered into by governments of Canada and Quebec and band council to allow Indigenous community to establish and maintain Indigenous police force — Government funding provided for in agreements inadequate to ensure maintenance of police force — Council bringing legal proceedings against governments claiming reimbursement of accumulated deficits — Whether agreements engage principles of good faith and of honour of Crown — Whether Crown breached its obligations — Whether reimbursement of accumulated deficits can be appropriate remedy — Civil Code of Québec, arts. 1375, 1376, 1434.

Status of persons — Child protection — Encroachment upon child’s rights — Corrective powers of tribunal — Tribunal declaring that young person’s rights had been encroached upon in context of social intervention — Tribunal ordering corrective measures — Director of youth protection challenging measures on ground that they did not relate directly to young person’s situation referred to tribunal — Scope of corrective powers conferred on Youth Division of Court of Québec in cases of encroachment upon child’s rights — Youth Protection Act, CQLR, c. P‑34.1, s. 91 para. 4.

Constitutional law — Division of powers — Aboriginal peoples — Child and family services — Parliament enacting statute establishing national standards to protect Indigenous children and affirming Indigenous peoples’ inherent right of self‑government in relation to child and family services — Whether statute is ultra vires Parliament’s jurisdiction under Constitution of Canada — Constitution Act, 1867, s. 91(24) — Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24 .

Criminal law — Preliminary inquiry — Right to preliminary inquiry — Accused charged with historical sexual offences which carried maximum term of imprisonment of 10 years at time, but for which maximum penalty was later increased to 14 years — Amendment restricting availability of preliminary inquiries to accused persons charged with offences with maximum penalty of 14 years or more of imprisonment made to Criminal Code after charges laid — Whether accused have right to preliminary inquiry — Criminal Code, R.S.C. 1985, c. C‑46, s. 535.

Criminal law — Appeals — Unreasonable verdict — Evidence — Assessment — Accused convicted of dangerous driving causing bodily harm — Accused appealing on ground that trial judge erred in assessing evidence and that verdict was therefore unreasonable — Majority of Court of Appeal dismissing appeal — Conviction upheld. Cases Cited Referred to: R. v. Beaudry, 2007 SCC 5, [2007] 1 S.C.R. 190; R. v. Sinclair, 2011 SCC 40, [2011] 3 S.C.R. 3. APPEAL from a judgment of the Quebec Court of Appeal (Healy, Ruel and Gagné JJ.A.), 2023 QCCA 358, 435 C.C.C. (3d) 426, 491 D.L.R. (4th) 615, [2023] AZ‑51923468, [2023] J.Q. no 1832 (Lexis), 2023 CarswellQue 20657 (WL), affirming the conviction of the accused for dangerous driving causing bodily harm. Appeal dismissed.

Constitutional law — Charter of Rights — Remedy — Stay of proceedings — Abuse of process — Residual category — Standing — Some 30 persons arrested during large‑scale police operation — Accused persons filing motion for stay of proceedings on basis that police investigation and operation were vitiated by abuse of process in residual category resulting from accumulation of infringements of their constitutional rights, even though several of them were not victims of any of these infringements — First instance judge granting stay of proceedings but Court of Appeal setting it aside — Whether all accused had standing to seek stay of proceedings — Whether first instance judge erred in finding abuse of process in residual category and in entering stay of proceedings for all accused — Analytical framework that applies where allegation of abuse of process in residual category is based on infringement of other constitutional rights — Canadian Charter of Rights and Freedoms, ss. 7 , 24(1) .

Constitutional law — Charter of Rights — Search and seizure — Police investigating fraudulent online transactions — Police contacting payment processing company to request internet protocol (“IP”) addresses associated with transactions — Payment processing company voluntarily providing IP addresses to police and accused consequently arrested — Whether reasonable expectation of privacy attaches to IP address — Whether request by state to third party for IP address constitutes search — Canadian Charter of Rights and Freedoms, s. 8 .

Constitutional law — Charter of Rights — Search and seizure — Text message conversation — Reasonable expectation of privacy — Exigent circumstances — Police using cellphone seized during arrest of drug dealer to impersonate him and continue text message conversation between him and accused without obtaining warrant — Police arresting accused upon delivery of drugs arranged during text message conversation — Whether accused had reasonable expectation of privacy in text message conversation — Whether warrantless search justified by law — Canadian Charter of Rights and Freedoms, s. 8 — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 11(7).

Criminal law — Evidence — Admissibility — Hearsay — Principled exception to hearsay rule — Trial judge admitting witness’s out‑of‑court statement into evidence — Whether statement could be admitted into evidence under principled exception to rule against hearsay.

Constitutional law — Charter of Rights — Independent and impartial tribunal — Courts martial — Military judges — Whether military status of military judges violates constitutional guarantee of judicial independence and impartiality to which persons tried before courts martial are entitled — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C. 1985, c. N‑5, ss. 165.21, 165.24(2).

Criminal law — Appeals — Acquittal — Right of Crown to appeal against judgment or verdict of acquittal — Accused acquitted of second degree murder and lesser included offence of manslaughter at trial — Crown appealing acquittal — Court of Appeal overturning acquittal and ordering new trial — Whether trial judge committed errors of law giving rise to right of Crown to appeal acquittal — Criminal Code, R.S.C. 1985, c. 46, s. 676(1)(a).

Criminal law — Appeals — Standard for appellate intervention — Credibility and reliability assessment — Common-sense assumptions — Accused both convicted of sexual assault at trial — Court of Appeal finding that trial judges’ credibility and reliability assessments were based on common-sense assumptions not grounded in evidence — Court of Appeal overturning convictions on basis that trial judges erred in law by failing to abide by rule against ungrounded common-sense assumptions — Whether error of law based on rule against ungrounded common-sense assumptions should be recognized.

Criminal law — Fraud — Elements of offence — Deprivation — Causal connection — Police officer convicted of defrauding his employer of sum of money exceeding five thousand dollars — Trial judge finding that accused lied and wilfully failed to provide certain information during assessment by physician‑arbitrator responsible for final decision on his diagnosis of disability, with underhanded design which had effect of or engendered risk of depriving employer of what belonged to it, and that, by reason of sufficient causal connection, accused had subjective knowledge that his dishonest acts would lead to deprivation of employer — Majority of Court of Appeal upholding conviction — Dissenting judge of opinion that trial judge erred in finding deprivation and that accused should be convicted of attempted fraud — Conviction upheld.

Criminal law — Charge to jury — Co‑principal liability — Group assault — Manslaughter — Causation — Intervening act — Both accused part of group that attacked victim but fatal stab wound inflicted by other group member — Accused convicted of manslaughter by jury — Accused appealing convictions and claiming that trial judge erred in jury instructions on causation in context of co‑principal liability — Whether jury properly instructed.

Criminal law — Evidence — Assessment — Unsavoury witness — Accused convicted of robbery and of having face masked with intent to commit indictable offence on basis of unsavoury witness testimony — Whether trial judge recognized dangers of relying on evidence of unsavoury witness — Whether trial judge entitled to accept evidence of unsavoury witness without corroboration.

Criminal law — Trial — Language of accused — Duty imposed on judge before whom accused first appears to ensure that accused is advised of right to be tried in official language of their choice — Francophone accused convicted of sexual assault following trial conducted in English — Accused raising breach of judge’s duty on appeal — Court of Appeal dismissing appeal — Analytical framework that applies where accused appeals conviction while raising breach of judge’s duty to ensure that accused was advised of right to be tried in official language of their choice, when no decision on accused’s language rights was made at first instance — Whether Court of Appeal made reviewable error in declining to order new trial — Criminal Code, R.S.C. 1985, c. C‑46, ss. 530(3), 686(1)(a), (b).

Criminal law — Trafficking in persons — Receiving a material benefit from trafficking in persons — Exploitation — Accused charged with trafficking complainant and receiving material benefit — Complainant alleging she provided sexual services for money under threat of violence by accused intimate partner — Complainant’s friends and family testifying to violent relationship but not sexual services — Trial judge finding complainant’s evidence not credible except as corroborated by other witnesses and acquitting accused — Whether trial judge erred in holding that evidence of violent relationship did not directly address elements of offences — If so, whether error may have had material bearing on acquittal — Criminal Code, R.S.C. 1985, c. C-46, ss. 279.01, 279.02, 279.04.

Criminal law — Evidence — Admissibility — Complainant’s sexual activity — Accused charged with sexual assault — Accused and complainant married but separated at time of alleged assault — Accused applying to adduce evidence of sexual activity between himself and complainant on evening prior to alleged assault — Application dismissed — Accused convicted — Whether trial judge erred in refusing to admit evidence of prior sexual activity — Criminal Code, R.S.C. 1985, c. C‑46, s. 276.

Criminal law — Sentencing — Criminal negligence — Driving prohibition — Criminal Code permitting discretionary driving prohibition to be imposed as sentence for several enumerated offences — Enumerated offences including dangerous operation of conveyance but not criminal negligence causing death or criminal negligence causing bodily harm — Accused convicted of criminal negligence causing death and causing bodily harm for role in head-on collision — Trial judge imposing driving prohibition — Whether driving prohibition may be imposed upon conviction for criminal negligence causing death or bodily harm in operation of conveyance — Criminal Code, R.S.C. 1985, c. C-46, s. 320.24(4).

Constitutional law — Division of powers — Extraterritoriality — Limitation on provincial legislation — British Columbia applying for certification of class proceeding against manufacturers, marketers and distributors of opioid products for recovery of health care expenditures incurred in treating individuals exposed to those products — Provincial legislature adopting legislation that includes provision permitting British Columbia to act as representative plaintiff and to include other governments in Canada in proposed class unless they opt out of class proceeding pursuant to terms of certification order — Defendants challenging constitutional validity of provision — Whether provision ultra vires legislative assembly of British Columbia — Constitution Act, 1867, s. 92(13), (14) — Opioid Damages and Health Care Costs Recovery Act, S.B.C. 2018, c. 35, s. 11.

Bankruptcy and insolvency — Unjust enrichment — Limitation of actions — Corporate attribution doctrine — One-person corporations — Equitable set-off — Illegal contracts — Preferences — Ponzi scheme operated by company with sole officer, shareholder and directing mind collapsing — Trustee in bankruptcy commencing actions to recover amounts paid by company to investors in interest under loans and in commissions under referral agreements — Trustee’s actions commenced more than two years after company paid interest and commissions — Whether trustee’s actions statute-barred — Whether knowledge of sole officer, shareholder, and directing mind of company should be attributed to company — Whether investors can rely on principle of equitable set-off to set off interest payments they owe against loan principal owed to them — Whether referral agreements are illegal contracts at common law — Whether interest and commissions paid by company to real estate agent were unlawful preferences — Limitations Act, 2002, S.O. 2002, c. 24, Sch. B, ss. 4, 5, 12 — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, ss. 95(1)(b), 97(3).

Aboriginal law — Treaty rights — Indian reserves — Enforceability of treaty — Indigenous tribe claiming that actual size of reserve established by treaty smaller in area than what was promised by treaty — Tribe commencing action for breach of treaty rights after expiry of applicable limitation period but prior to coming into force of s. 35 of Constitution Act, 1982 — Whether tribe’s claim for breach of treaty rights actionable at common law prior to coming into force of s. 35 of Constitution Act, 1982 — Whether tribe’s claim statute‑barred.

Constitutional law — Charter of Rights — Freedom of association — Statutory exclusion — Casino managers excluded from provincial statutory labour relations regime — Whether exclusion infringes managers’ guarantee of freedom of association — Canadian Charter of Rights and Freedoms, s. 2(d) — Charter of human rights and freedoms, CQLR, c. C‑12, s. 3 — Labour Code, CQLR, c. C‑27, s. 1(l)(1).

Expropriation — Constructive expropriation — Compensation — Value to owner — Expropriation scheme to be ignored in assessing statutory compensation entitlement — Scope of expropriation scheme — Expropriation Act, R.S.N.L. 1990, c. E‑19, s. 27(1)(a).

Administrative law — Judicial review — Standard of review — Subordinate legislation — Vires — Administrative discrimination — Property assessment guidelines challenged as ultra vires provincial minister — Standard of review applicable to review of vires of subordinate legislation — Whether guidelines within scope of authority delegated to minister by enabling statute — Whether guidelines violate common law rule against administrative discrimination — Municipal Government Act, R.S.A. 2000, c. M‑26, ss. 322, 322.1 — 2017 Alberta Linear Property Assessment Minister’s Guidelines, ss. 1.003, 2.003.

Administrative law — Judicial review — Limited statutory right of appeal on questions of law — Tribunal finding insured’s application contesting denial of statutory accident benefits by insurer time‑barred — Provincial legislation limiting right of appeal from tribunal’s decision to questions of law — Insured appealing decision on questions of law and seeking judicial review on questions of fact and mixed fact and law — Appeal and application for judicial review dismissed — Whether courts should have exercised discretion to undertake judicial review on merits in light of limited statutory right of appeal on questions of law — Proper approach to judicial review where limited statutory right of appeal.

Constitutional law — Charter of Rights — Application — Search and seizure — Teachers’ right to privacy at work — Ontario public school board principal taking screenshots of teachers’ private communications on school laptop — Communications forming basis for written reprimands grieved by teachers’ union on ground that teachers’ right to privacy violated — Arbitrator dismissing grievance — Whether Charter applies to public school boards in Ontario — If so, whether arbitrator’s decision should be set aside — Canadian Charter of Rights and Freedoms, ss. 8, 32.