The SCC Leave Project: Predictions For October 10, 2024

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Lenczner Slaght LLP

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Widely recognized as Canada’s leading litigation practice, Lenczner Slaght represents clients’ interests in complex, high-profile cases across the country. The firm’s lawyers are distinguished by their depth of court room experience, appearing regularly at all levels of the federal and provincial courts and before professional and regulatory tribunals, as well as in mediation and arbitration proceedings. Visit www.litigate.com to learn more.
Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on October 10, 2024.
Canada Litigation, Mediation & Arbitration

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on October 10, 2024.

Each week, we'll be providing a short blog post that summarizes some of the upcoming cases and gives a prediction of the probability that leave will be granted. These predictions will be based on our proprietary machine learning model and dataset of every leave application decision released by the Supreme Court of Canada from January 1, 2018 onward.

Each week, we'll group cases into four categories:

  • Cases to Watch – These are cases where our model predicts greater than a 25% chance that leave will be granted. These cases have a much better than average chance that leave will be granted. While this doesn't mean that all of them will get leave, they are worth watching as strong candidates.
  • Possible Contenders – These are cases where our model predicts between a 5% and 25% chance that leave will be granted. These cases have an average to somewhat above-average chance of getting leave. While most cases in this category won't get leave, on average, we expect to see a healthy minority of cases in this category being granted leave.
  • Unlikely Contenders – These are cases where our model predicts between a 1% and 5% chance that the case will get leave. The safe bet is against leave being granted in these cases, but we do expect to see it from time to time.
  • Long-Shots – These are cases where our model predicts a less than 1% chance that the case will get leave. Although it will happen from time to time, it would be an outlier for our model for these cases to be granted leave. We will not be providing summaries for these cases.

If this is your first time reading our weekly SCC leave predictions blog, have a look at an explanation and caveats about our model here.

THIS WEEK'S CASES

There are 19 leave application decisions coming out on October 10, 2024. Our model only predicts the probabilities of successful leave applications in cases where leave was sought from the Court of Appeal. We will not comment or provide a prediction on cases where leave was sought directly from a Superior Court decision or on cases in which we are involved. That leaves 18 cases in which we'll give a prediction.

You can find a detailed summary of all of the cases that are up for leave decisions this week here.

Cases to Watch

His Majesty the King v Soon Hyong Kwon

  • Our Model's Prediction: This case has a 70% chance of getting leave.

His Majesty the King v David Carignan

  • Our Model's Prediction: This case has a 35% chance of getting leave.

Possible Contenders

Jackie Thomas on her own behalf and on behalf of all members of the Saik'uz First Nation v Rio Tinto Alcan Inc

  • Our Model's Prediction: This case has a 19% chance of getting leave.

Chief John Fletcher v His Majesty the King in Right of Ontario

  • Our Model's Prediction: This case has a 14% chance of getting leave.

Chelsea Rooney v Steven Galloway

  • Our Model's Prediction: This case has an 11% chance of getting leave.

Michael Philippus Brink v His Majesty the King

  • Our Model's Prediction: This case has an 8% chance of getting leave.

Thomas Stephen Toth v His Majesty the King

  • Our Model's Prediction: This case has a 6% chance of getting leave.

Zhenhong Wu v Suevilia Development Corporation

  • Our Model's Prediction: This case has a 5% chance of getting leave.

Rochagné Kilian v College of Physicians and Surgeons of Ontario

  • Our Model's Prediction: This case has a 5% chance of getting leave.

Unlikely Contenders

Flying E Ranche Ltd v Attorney General of Canada on behalf of His Majesty the King in Right of Canada as represented by the Minister of Agriculture

  • Our Model's Prediction: This case has a 4% chance of getting leave.

His Majesty the King v Brandon McNeil

  • Our Model's Prediction: This case has a 4% chance of getting leave.

Long-Shots

Rebecca Adsett v Alain Labelle

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

Leonard B French v Royal Canadian Legion (Dominion Command)

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

Byeongheon Lee v Elise J Hallewick

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

Wendy Sin Ming Ho v His Majesty the King in Right of Canada

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

Ahmad Mohammad v Mohamed Bakr

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

Dmitri Rybakov v Dr Abid Saeed Khattak

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

Lorence Hud v His Majesty the King

  • Our Model's Prediction: This case has a less than 1% chance of getting leave.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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