The Supreme Court of Canada rendered judgment in two cases,
granted leave in one case and refused leave in three cases of
interest to Canadian business and professions.
In La Souveraine, Compagnie d'assurance
générale v. Autorité des marchés
financiers, 2013 SCC 63, the Supreme Court of Canada, in
upholding the conviction of an insurance company for offences under
the Act Respecting the Distribution of Financial Products and
Services, reaffirmed that strict liability offences do not
generally require proof of mens rea. Moreover, the Supreme
Court of Canada ruled that although a due diligence defence is
available in the regulatory context for defendants who reasonably
believe in a mistaken set of facts, a mistake of law cannot, on the
other hand, serve as a valid defence to a strict liability offence
absent an officially induced error.
In Katz Group Canada Inc. v. Ontario (Health and
Long-Term Care), 2013 SCC 64, the Supreme Court of Canada
unanimously upheld the validity of regulations prohibiting
pharmacies from selling "private label" prescription
drugs. The Supreme Court of Canada ruled that the regulations
were consistent with the objective of their respective enabling
statutes, which the Court stated should be interpreted
In Government of Saskatchewan v. Precision
Contractors Ltd., the Supreme Court of Canada denied leave to
appeal a decision holding that a class action proceeding, rather
than a judicial review proceeding, is the preferable procedure for
challenging the constitutionality of a tax statute.
The Supreme Court of Canada also refused leave to appeal in Weyerhaeuser Company Limited v.
Lacey– a case involving the legalprinciples
surrounding the vesting of group health benefits for retirees.
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).