A Commentary on Recent Legal Developments by the Opinions Group
of McCarthy Tétrault LLP
This Week at the SCC
The Supreme Court of Canada
refused leave to appeal this week from several cases of
interest to Canadian businesses and professions.
The decisions included Bossé v. Chief Financial
2012 FCA 231, where the Federal Court of Appeal held that the
Federal Court did not have jurisdiction to resolve a dispute over
the seizure of a vehicle for non-payment under
a financing agreement. Nadon J.A. observed that the
issues raised in the action were "purely contractual",
and did not raise any questions regarding the Bills of Exchange
Act so as to potentially engage the Court's jurisdiction
under the Federal Courts Act.
The Supreme Court also denied leave to appeal from
Alliance québécoise des techniciens de
l'image et du son (AQTIS) c. Association des producteurs de
théâtre privé du Québec (APTP),
2012 QCCA 1524. The Quebec Court of Appeal in AQTIS
upheld a ruling by the Commission de reconnaissance des
associations d'artistes et des associations de producteurs on
judicial review. The Commission had found that the collective
bargaining scheme for artists hired by producers established
by the Quebec Act respecting the professional status
and conditions of engagement of performing, recording and
film artists applies even to artists used in
productions in respect of which they are otherwise
A final case of note is Berthiaume c.
2012 QCCA 2061. The decision raised questions about
the test for journalist-source privilege,
including how the principles from R. v. National
2010 SCC 16 and Globe and Mail v. Canada
2010 SCC 41 should be applied in defamation
proceedings where the journalist is not one of the litigants.
The trial judge in Berthiaume refused to order evidence
from a third-party journalist on the basis of the privilege, and
leave to appeal from that decision was dismissed by the Quebec
Court of Appeal.
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