Case Law › Supreme Court of Canada
R. v. Friesen, 2020 SCC 9
 Children are the future of our country and our communities. They are also some of the most vulnerable members of our society. They deserve to enjoy a childhood free of sexual violence. Offenders who commit sexual violence against children deny thousands of Canadian children such a childhood every year. This case is about how to impose sentences that fully reflect...
R. v. Chung, 2020 SCC 8
 Mr. Chung was acquitted of dangerous driving causing death under s. 249(4)  of the Criminal Code, R.S.C. 1985, c. C-46 (“Code ”). At trial and on appeal, there was no question that Mr. Chung drove in an objectively dangerous manner and committed the actus reus of the charged offence. However, the trial judge had a reasonable doubt about whether Mr. Chung had...
R. v. K.G.K., 2020 SCC 7
 Section 11 (b) of the Canadian Charter of Rights and Freedoms provides that any person charged with an offence has the right to be tried within a reasonable time. In R. v. Jordan, 2016 SCC 27,  1 S.C.R. 631, this Court set out a new framework under s. 11 (b) designed to overcome a culture of complacency that had grown in the criminal justice system and was...
MacDonald v. Canada, 2020 SCC 6
 This appeal deals with what are known as derivative contracts. Whether gains and losses from these contracts are to be characterized as on income account or on capital account depends on whether the contract is considered a hedge or speculation. A hedge is generally a transaction which mitigates risk, while speculation is the taking on of risk with a view to...
Nevsun Resources Ltd. v. Araya, 2020 SCC 5
 This appeal involves the application of modern international human rights law, the phoenix that rose from the ashes of World War II and declared global war on human rights abuses. Its mandate was to prevent breaches of internationally accepted norms. Those norms were not meant to be theoretical aspirations or legal luxuries, but moral imperatives and legal...
Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), 2020 SCC 4
 This appeal raises questions of fundamental importance to the way civil proceedings involving Aboriginal rights are carried out in this country. It has implications for access to justice and the ability of Indigenous peoples to meaningfully assert their constitutional rights in the justice system. A balance must be struck between the different principles at play,...
- R. v. S.H., 2020 SCC 3
- R. v. Doonanco, 2020 SCC 2
- 9354-9186 Québec inc. v. Callidus Capital Corp.,
- Reference re Environmental Management Act, 2020 SCC 1
Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67
 This appeal concerns an application for judicial review of a decision by the Occupational Health and Safety Tribunal Canada (“OHSTC”). The administrative decision maker was tasked with interpreting a provision of the Canada Labour Code, R.S.C. 1985, c. L‑2 (“Code ”), to determine whether the employer, Canada Post Corporation (“Canada Post”), complied with its...
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
 This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.
Bell Canada v. Canada (Attorney General), 2019 SCC 66
 For more than 40 years, the Super Bowl game, which is played in the United States, had been broadcast in Canada in accordance with the “simultaneous substitution” regime, which was set out in various regulations made under the Broadcasting Act, S.C. 1991, c. 11 . As a result, Canadians were prevented from viewing high-profile commercials that were aired in the U.S.
- R. v. Collin, 2019 SCC 64
Canada (Attorney General) v. British Columbia Investment Management Corp., 2019 SCC 63
 This appeal and cross-appeal consider when the activities of a provincial Crown corporation may be taxed by the federal government. It requires this Court to evaluate the scope of the intergovernmental immunity from taxation set out in s. 125 of the Constitution Act, 1867 , and whether agreements entered into by two levels of government to pay the equivalent of “t
Yared v. Karam, 2019 SCC 62
 The appellants, Mr. Ramy and Rody Yared, are the liquidators of the succession of their sister, Ms. Taky Yared, who passed away in April 2015. In July 2016, they sought a declaration in Superior Court that the value of the family residence should be included in the division of the family patrimony. At the time of Ms. Yared’s death, this residence was held under a...
- International Air Transport Association v. Instrubel, N.V., 2019 SCC 61
R. v. Resolute FP Canada Inc., 2019 SCC 60
 In 1985, the Province of Ontario granted an indemnity (the “1985 Indemnity”) to Reed Ltd. and Great Lakes Forest Products Limited, both former owners of a pulp and paper mill located in Dryden, Ontario, as well as their successors and assigns, for “any damage, loss, event or circumstances, caused or alleged to be caused by or with respect to, either in whole or in
Kosoian v. Société de transport de Montréal, 2019 SCC 59
 On an evening in May 2009, the appellant, Bela Kosoian, entered a subway station in order to travel to university. She took the descending escalator. Like many subway users, she did not hold the handrail. She leaned forward and rummaged through her bag. A police officer saw her and ordered her several times to hold the handrail. Ms. Kosoian refused to comply and...
Desgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58
 This appeal centres on a dispute between a Canadian shipping company located in Quebec, Desgagnés Transport Inc. (“TDI”), and a manufacturer and supplier of marine engines, Wärtsilä Nederland B.V. and its Canadian division, Wärtsilä Canada Inc. (collectively “Wärtsilä”). The action arises out of the failure of engine parts — a new bedplate, a reconditioned...
Montréal (Ville) v. Octane Stratégie inc., 2019 SCC 57
 This case consolidates two files relating to an unpaid invoice for $82,898.63 for the production of a launch event for the appellant Ville de Montréal (“City”) more than 10 years ago. The issues raised in these appeals go beyond, however, the mere payment of that invoice. The Court is called upon to determine whether the principles of Quebec civil law concerning...
R. v. K.J.M., 2019 SCC 55
 On April 12, 2015, the appellant, a “young person” under the Youth Criminal Justice Act, S.C. 2002, c. 1 (“YCJA ”), was charged with various offences arising out of a fight in which he stabbed another youth in the face and the back of the head with a box cutter. He maintained his innocence, claiming self-defence. On November 9, 2016, almost 19 months after...
- R. v. Shlah, 2019 SCC 56
R. v. Javanmardi, 2019 SCC 54
 Mitra Javanmardi opened a naturopathic clinic in Quebec in 1985. She has a degree in science from McGill University, a doctorate in naturopathic medicine from the National College of Naturopathic Medicine in Portland, Oregon, and a related diploma which involved 500 hours of further courses. Ms. Javanmardi’s education included classes and clinical training about...
- R. v. Friesen, to follow
- Volkswagen Group Canada Inc. v. Association québécoise de lutte contre la pollution atmosphérique, 2019 SCC 53
- R. v. James, 2019 SCC 52
R. v. Rafilovich, 2019 SCC 51
 Do the proceeds of crime provisions of the Criminal Code, R.S.C. 1985, c. C-46 (“Code ”), require courts to give with one hand, only to take away with the other? The appellant, Yulik Rafilovich, applied for and was returned funds that the state had initially seized from him as potential proceeds of crime, because he needed the funds to pay for his legal defence...
Threlfall v. Carleton University, 2019 SCC 50
 On September 10, 2007, George Roseme, a political science professor who had retired from the respondent, Carleton University (“Carleton”), decided to go for a walk near his home. Tragically, he never returned. Despite the best efforts of rescuers, family and friends, he could not be found.
R.S. v. P.R., 2019 SCC 49
 Three days. That short difference is the reason why the issue of the scope and application of the international lis pendens exception in Quebec private international law has come up in this case. This issue arises in the context of divorce proceedings between the parties in Belgium and in Quebec.