This week, the Supreme Court of Canada granted leave to
appeal in one case, and denied leave to appeal in two
other cases, all likely to be of interest to Canadian
The Court granted leave to appeal from the
Alberta ruling in Atco Gas and Pipelines Ltd. v
Alberta,2013 ABCA 310. Under the
applicable regime for setting consumer rates, the Alberta
Utilities Commission has the power to consider expenditures
undertaken by the regulated company. At issue was the extent
to which the cost-of-living adjustments owing under the
company's pension plans could be claimed by the company.
The Commission had characterized as excessive the
company's claim relating to its COLA
obligations. The Court of Appeal had confirmed the ruling of
The Supreme Court refused leave to appeal the
ruling of the Quebec Court of Appeal in Benedetti c. Syndicat des chargées et
chargés de cours de l'UQAM (CSN), 2013 QCCA 2088. That
case focused on a union's "duty to represent"
one of its members. The union refused to refer the
member's grievance to arbitration on the grounds that it had no
chance of success. Following a judicial review, and several
appeals, the Court of Appeal confirmed the initial
ruling that the union had acted improperly.
Lastly, the Court refused leave to appeal from
the Ontario ruling in Western Larch Limited v. Di Poce Management
Limited, 2013 ONCA 722. A partnership
agreement included a buy-sell "shotgun clause," and
a dispute arose as to whether or not an offer under that
clause had been properly made. The motions judge had
ruled the offer to be valid and effective (although it did not
perfectly comply with the terms found in the
clause). The Court of Appeal affirmed this ruling,
finding that the threshold of "strict compliance" had
The McCarthy Tétrault Opinions Group consists of
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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.
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