This Week at the SCC (26/09/2014)
The Supreme Court of Canada granted leave to appeal in one case, and refused leave in several other cases, likely to be of interest to Canadian businesses and professions.
The Court granted leave from the ruling of the Saskatchewan Court of Appeal in Lemare Lake Logging Ltd v 3L Cattle Company Ltd, 2014 SKCA 35. That constitutional law decision had addressed the alleged operational conflict between the federal Bankruptcy and Insolvency Act and the Saskatchewan Farm Security Act, regarding the appointment of a receiver. The Court of Appeal had found the provincial enactment to be inoperative pursuant to the doctrine of federal paramountcy.
In the past week, the Supreme Court also refused leave to appeal in a number of cases, including the following:
- Leave to appeal was refused from the Ontario decision in Peciukaitis v. Forest Harbour Ratepayers Incorporated, 2014 ONCA 200, which had addressed the ability of a party to rescind a settlement agreement.
- Leave to appeal was also refused from the Québec decision in 9187-0725 Québec Inc. v. 9051-8887 Québec Inc, 2014 QCCA 8, which had addressed the right of one contracting party to delegate performance of its contractual duties to a third party.
- Leave to appeal was refused from a second Québec decision, Bouchard v. Corporation of Pilots for and below the Harbour of Quebec, 2014 QCCA 643, which had addressed the ability of an employee to transfer his pension benefit credits to another pension plan.
- Lastly, leave to appeal was refused from a Nova Scotia decision, Egg Films Incorporated v. Labour Board, 2014 NSCA 33, which had addressed the certification of a union hired by a film company for a single day.
The McCarthy Tétrault Opinions Group consists of members of the firm’s litigation department whose practices focus on written advocacy and the provision of strategic advice and opinions in the context of complex business disputes and transactions. The members of the Opinions Group are Anthony Alexander, Martin Boodman, Brandon Kain and Hovsep Afarian.
Bankruptcy and Insolvency certification constitutional law contracts inoperability Labour Law litigation operational conflict Pensions performance of contracts rescission of contracts settlement Supreme Court of Canada third party delegation unions