A Commentary on Recent Legal Developments by the
Opinions Group of McCarthy Tétrault LLP
This week the Supreme Court of Canada granted two leave
applications and rejected another in cases concerning important
In Couche-Tard Inc. v. Jacques 2012 QCCA 2266 and
Pétrolière Impériale v.
Jacques 2012 QCCA 2265, the issue was whether the Quebec
Superior Court was correct in ordering the Competition Bureau, a
third party to the case, to provide to the parties to a class
action recordings of communications intercepted and given to the
accused in a previous criminal investigation. The Superior Court
had ordered communication of the recordings subject to redaction to
protect the privacy of third parties. The Quebec Court of Appeal
refused leave to appeal the interlocutory judgment of the Superior
Court indicating that the order was not one "that cannot be
remedied by the final judgment". In particular, the court
stated that a judgment rejecting an objection to evidence was not
generally subject to appeal and the issue in the case arose before
the actual production of the evidence. The Supreme Court of Canada
has accepted to hear an appeal on the application to appeal the
Superior Court decision.
Tobacco Canada ltée v. Létourneau 2012 QCCA 2260,
the issue was whether the professional secrecy privilege protected
by section 9 of the Quebec Charter of Human Rights and Freedoms, RSQ, c.
C-12, included the litigation privilege. In the case, the
Quebec Superior Court rejected an objection by the defendants to
the production of the draft of an expert report prepared in
anticipation of litigation. The defendants appealed the decision
relying on articles 29 and 511 of the Quebec Code of Civil
Procedure which permit an immediate appeal of the
rejection of an objection to evidence based on section 9 of the
Charter. After an extensive review of the authorities, the
Quebec Court of Appeal stated that the appeal itself was irregular
and that the interlocutory judgment could only be contested within
an appeal of the final judgment. The court held that section 9 of
the Charter only applied to the solicitor client
privilege, which must be distinguished in purpose and scope from
the litigation privilege.
The Supreme Court of Canada dismissed an application for leave
to appeal the Court of Appeal's decision.
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).