TheCourt.ca Osgoode Hall Law School
Home » Category: 'Business, Commercial, Civil Litigation' (Page 3)

Business, Commercial, Civil Litigation

Students’ Rights Carved into Canada’s Copyright Regime: The SCC Affirms the Importance of the Student Perspective in Canada’s Copyright Policies

Posted on 28 February 2023

On July 30, 2021, the Supreme Court of Canada (“SCC” or “the Court”) affirmed students’ rights in York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 [York University]. In a relatively short decision, the SCC distills almost a decade of conflict into a dismissal of both parties’ appeals, while simultaneously disagreeing with […]

Transfers at Undervalue Versus Corporate Attribution

Posted on 15 February 2023

The Supreme Court of Canada (“SCC”) granted leave to John Aquino, 2304299 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccia a.k.a. Lucia Canderle (“John Aquino et al.”) on January 19th, 2023 to appeal an Ontario Court of Appeal (“ONCA”) decision, Ernst & Young Inc v Aquino, 2022 ONCA 202, from March […]

The Taxation Trio: Fair Market Value, Statutory Interpretation, and Employee Stock Options

Posted on 27 January 2023

In Des Groseillers v Quebec (Agence du revenu), 2022 SCC 42, the Supreme Court of Canada (“SCC”) unanimously confirmed the Quebec Court of Appeal’s also-unanimous holding in Agence du revenu du Québec v Des Groseillers, 2021 QCCA 906 that employee stock options constituted taxable income. Pursuant to Article 50 of Québec’s Taxation Act (“Tax Act”), an employee who disposes of stock options […]

Arbitration and Court-Ordered Receiverships: The SCC Strikes a Delicate Balance in Peace River

Posted on 25 November 2022

For the sake of conciseness, this case comment excludes discussion of Justice Jamal’s concurring opinion. If interested, please refer to the original case for further information. Arbitration law and bankruptcy and insolvency law are often said to be at odds with one another. The former rests upon principles of party autonomy and freedom of contract, […]

Creditors, Monitors, and Fraud: The Element of Judicial Discretion

Posted on 14 November 2022

Overview In Montréal (City) v Deloitte Restructuring Inc., 2021 SCC 53, the Supreme Court of Canada (“SCC”) clarified that courts with jurisdiction over Companies’ Creditors Arrangement Act, RSC 1985 c C-36 (“CCAA”) proceedings can exercise judicial discretion to stay compensation between debts arising before and after an initial order (“pre-post compensation”). The 6-1 decision created […]

A New Correctness Category: The SCC Departs from Vavilov in SOCAN

Posted on 7 November 2022

The first installment of this post addressed the statutory interpretation question in Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN]. The entire court was in agreement on the issue, and this was unsurprising given the Copyright Board of Canada's (the "Board") blatant departure from the well-settled […]

Double Royalties or Users' Rights? The SCC Interprets the Copyright Act in SOCAN

Posted on 7 November 2022

In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN], the Supreme Court of Canada (“SCC”) heard an appeal from the Federal Court of Appeal (“FCA”). The case turned on the interpretation of s. 2.4(1.1) of the Copyright Act, RSC 1985, c C-42 [the Act].

General Anti-Avoidance Rule to the Rescue:  Canada v Deans Knight Income Corp.

Posted on 11 October 2022

The Supreme Court of Canada (“SCC”) granted leave to Deans Knight Income Corporation (“Deans Knight”) on March 10th, 2022 to appeal a Federal Court of Appeal (“FCA”) decision from August 4th, 2021. The SCC will hear the appeal case, Deans Knight Income Corporation v Her Majesty the Queen, on November 2nd, 2022.  The appeal concerns […]

Association de médiation familiale du Québec v. Bouvier : SCC Finds the Exception to Settlement Privilege Applies in the Family Mediation Context

Posted on 2 March 2022

Should conversations that take place during family mediation remain confidential? In Association de médiation familiale du Quebec v. Bouvier, 2021 SCC 54 [Association de mediation] the Supreme Court of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation.  An exception […]