ARTICLE
13 April 2022

The SCC Leave Project: Predictions For April 14, 2022

LS
Lenczner Slaght LLP

Contributor

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 April 14, 2022.
Canada Litigation, Mediation & Arbitration

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on April 14, 2022.

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 13 leave application decisions coming out on April 14, 2022. 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 13 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

Commission scolaire francophone des Territoires du Nord-Ouest, A.B., et al c Ministre de l'Éducation, de la Culture et de la Formation des Territoires du Nord-Ouest, et al

  • Our Model's Prediction: This case has a 44% chance of getting leave.

Possible Contenders

Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) v Disability Rights Coalition

  • Our Model's Prediction: This case has a 25% chance of getting leave.

André Legault c Sa Majesté la Reine

  • Our Model's Prediction: This case has a 7% chance of getting leave.

Unlikely Contenders

Estate of William Albin Herold, deceased v Attorney General of Canada, et al

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

Yohan Murray c Usiroyal inc., et al

  • Our Model's Prediction: This case has a 2% chance of getting leave.

Elaine Elizabeth Warlow v Ali Sadeghi, et al

  • Our Model's Prediction: This case has a 2% chance of getting leave.

Thomas Williams Rivers v Corporation of the District of North Vancouver, et al

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

Long Shots

Tyler Cousineau v Attorney General of Ontario, et al

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

Wiseau Studio, LLC, et al v Richard Harper, et al

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

Saïd Boukendour c Syndicat des professeures et des professeurs de l'Université du Québec en Outaouais - CSN, et al

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

Adriana Horstein v Anatoly Kats, et al

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

Carrie Couch, et al v BDO Canada LLP

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

Jean-Pierre N. Asfar, et al v Sun Life Assurance Company of Canada, et al

  • 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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