The Supreme Court this week issued a number of leave-to-appeal
rulings likely to be of interest to Canadian businesses and
professionals. Four such leave-to-appeal requests were
refused, and one was remanded.
The following applications were refused:
Leave-to-appeal from the Alberta ruling in Somji v. Wilson, 2014 ABCA 35, was dismissed. The Court
of Appeal had affirmed the striking of claims against both (i)
a trial judge (who had granted default judgment against the
appellants), and (ii) the respondents (who were alleged to
have acted deceitfully in obtaining the default judgment).
Leave-to-appeal from the Ontario ruling in Prince v. ACE Aviation Holdings Inc., 2014 ONCA 285, was likewise
dismissed. The Court of Appeal had stayed a proposed class
proceeding — alleging that Air Canada had unlawfully levied
U.S. transportation taxes on its customers – pending the
completion of the plaintiffs' efforts to pursue remedies in the
Leave-to-appeal from a second class action decision — the
Newfound ruling in Sundance Saloon Ltd. v.
Newfoundland, 2014 NLCA 15 – was also
dismissed. The Court of Appeal had affirmed the dismissal of
a vires challenge to the imposition of a retroactive
provincial tax on purchases of wine and spirits.
Lastly, leave-to-appeal from the Federal ruling in Couture v. Canada,2014 FCA 35, was dismissed. The Court of
Appeal had affirmed the decision of the tax authorities, seizing
taxpayers' property for a failure to collect or remit GST on
sales of land following the failure of a property development
In addition to the foregoing dismissals of leave-to-appeal
applications, the Court issued an order remanding
an application back to the British Columbia Court of Appeal:
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
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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