• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Capital Projects Energy Funds & Finance Mining View all
Advisory
Crisis & Risk Management ESG Strategy and Solutions Governmental Affairs & Public Policy
View Client Work
International Experience
Insights News Events
New Energy Economy Series Business Law Talks Podcast Economic Outlook
ESG & the CIO Subscribe
People
Practices
Industries
Advisory Services
Client Work
About
Offices
News
Careers
Insights
Law Students
Events
Search
Alumni
Payments
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 
Blog

6 Business Cases to Follow in the Supreme Court's Winter Term

January 04, 2017

A grab bag of fraud, human rights and contract disputes

Written By Ranjan Agarwal and Ethan Schiff

The Supreme Court of Canada’s Winter Term begins on January 11. The most notable case on the docket is Deloitte & Touche v Livent Inc. In 2014, Ontario trial judge Justice Gans awarded Livent's receiver $118 million in damages for Deloitte's negligence in its work as the company's auditor. The Court of Appeal upheld the decision. The case has been closely watched because Canadian investors had found it difficult to sue auditors after the Supreme Court's 1997 ruling in Hercules Management. We will see if the Supreme Court is prepared to revisit Hercules and lower the bar for auditor's negligence claims.

Other scheduled hearings that may interest the business community are described below:

  • The Court will consider the validity of an unlimited renewal clause giving only one party the power to terminate. In Uniprix Inc v Gestion, the appellants terminated an agreement where the contract did not include any provisions for termination by the appellants. The Quebec Court of Appeal held that perpetual agreements are lawful in Quebec.
  • The Court will consider necessary evidence to establish psychological damage in Saadati v Moorhead. Mr. Saadati was unable to testify at the trial. The trial judge relied on testimony by the plaintiff’s family and friends to establish psychological injury. The British Columbia Court of Appeal overturned the decision, holding that a party must show a recognizable psychiatric or psychological condition.
  • Peers v Alberta Securities Commission and Aitkens v Alberta Securities Commission will be heard together. The Court will consider whether a defendant to prosecution by the Alberta Securities Commission may be entitled to a trial by jury. Section 11(f) of the Canadian Charter of Rights and Freedoms entitles a defendant to a jury trial where the potential punishment for conviction is five years imprisonment or “a more severe punishment”. These cases involved potential punishment of five years imprisonment less a day and a $5-million fine.
  • Teva Canada Limited v TD Canada Trust deals with various defences under the Bills of Exchange Act available to banks facing liability for the tort of conversion of fraudulently cashed cheques. The case involves proper application of the “fictitious payee” rule. The Court will revisit its decisions in Boma Manufacturing Ltd v Canadian Imperial Bank of Commerce, [1996] 3 SCR 727 and Royal Bank of Canada v Concrete Column Clamps (1961) Ltd, [1977] 2 SCR 456.
  • The Court will consider the jurisdiction of the Human Rights Tribunal in British Columbia Human Rights Tribunal v Schrenk. The complainant was a civil engineer who worked as a supervisor for a construction company of which Mr. Schrenk was the foreman. The complainant alleged that Mr. Schrenk made derogatory statements about his place of origin, religion and sexual orientation. The complainant alleged discrimination with respect to employment by Mr. Schrenk and that the construction company tolerated the discriminatory behaviour. Mr. Schrenk sought to dismiss the case. The British Columbia Court of Appeal held that the tribunal did not have jurisdiction to address the complaint, as Mr. Schrenk was not in a position to force the complainant to endure discriminatory conduct as a condition of the complainant’s employment.

Download PDF

Author

  • Ethan Z. Schiff Ethan Z. Schiff, Associate

Our Managing Partners on Workplaces Where Women Thrive

Related Links

  • Insights
  • Media
  • Subscribe

Recent Posts

Blog

Force Majeure Clauses and COVID-19 Pandemic Impacts—An [...]

March 24, 2023
       

Blog

Canada's Underused Housing Tax: What You Need to Know Before May 1, 2023

March 23, 2023
       

Blog

Canadian Securities Regulators Announce Increased [...]

March 23, 2023
       

Blog

Unpaid Municipal Taxes Will Impact New AER Licences and Licence Transfers

March 22, 2023
       

Blog

Application of Statutory Bar to Workplace Bullying and Harassment Claims

March 20, 2023
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
  • History
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2023. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones