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This week at the SCC

|Written By Heather Gardiner

The Supreme Court of Canada will hear five appeals this week.

March 18 — British Columbia — Nagle v. R.

(Photo: Heather Gardiner)

Charter of Rights and Freedoms: Jennifer Nicole Nagle was randomly chosen for questioning before boarding an international flight in Vancouver. The Canadian Border Services Agency officer suspected her of exporting drugs so she was detained. A search of her luggage revealed a large amount of methamphetamine and other evidence that could potentially link to her an individual known to be involved with criminal gangs. Nagle was arrested for attempted smuggling and informed again of her right to counsel. She claims her Charter rights were violated.

Read the B.C. Court of Appeal’s decision.

Read the B.C. Provincial Court’s decision.

Other related news articles:

Canada’s top court will hear oral arguments in Vancouver drugs case, The Province

New trial ordered in airport-search case, The Province

March 19 — Federal Court — Envision Credit Union v. R.

Tax law: Two B.C. credit unions amalgamated on Jan. 1, 2001, becoming Envision Credit Union. In its tax returns from 2001 to 2004, Envision claimed a capital cost allowance on the depreciable assets it owned by virtue of the amalgamation based on a starting undepreciated capital cost of the capital cost of the depreciable assets when the predecessors acquired them. In its reassessment, the minister reduced the capital cost allowance to reflect a starting undepreciated capital cost of the amount of the predecessors’ undepreciated capital cost balances right before the merger. Envision appealed the reassessments to the Tax Court of Canada. The appeal was allowed for 2001 but dismissed for 2002, 2003, and 2004. The Federal Court of Appeal rejected Envision’s appeal.

Read the Federal Court of Appeal’s decision.

Read the Tax Court of Canada’s rulings: first and second.  

March 19 — Quebec — Mailhot v. R.

Criminal law: Jean-Philippe Mailhot admitted to stabbing his wife 33 times before she died. Only one stab wound was potentially fatal and was inflicted after a first potentially fatal stab wound had been inflicted either by the wife herself, who had allegedly wanted to commit suicide, or by Mailhot. A jury convicted him of second-degree murder. The Court of Appeal dismissed the appeal.

Read the Quebec Court of Appeal’s decision.

Read the Quebec Superior Court’s decision.

Other related news articles:

Un homme condamné pour meurtre sera entendu par la Cour suprême, La Presse

Wife’s slaying left more than one victim, The Gazette

March 20 — Quebec — The Sovereign General Insurance Co. v. Autorité des marchés financiers

Insurance law: In order to act as an insurance company in Quebec, registration with the Autorité des marchés financiers is required. Sovereign General Insurance Co. was authorized to offer insurance in Quebec but instead issued policies through brokers in Winnipeg and Toronto. One of the broker’s rivals filed complaints against the brokers, alleging that one of them was acting as an insurance broker in Quebec without a licence. The Autorité des marchés financiers conducted an inquiry and issued 56 statements of offence against Sovereign for consenting to or authorizing the issue of an insurance policy by a broker not registered in Quebec.

Read the Quebec Court of Appeal’s decision.

Read the Quebec Superior Court’s decision.

Other related news articles:

What to expect when you’re expecting… An answer from a regulator: SCC to discuss the reasonable diligence defense in cases or strict liability offenses, Canadian Appeals Monitor

March 21 — British Columbia — McLean v. Executive Director of the British Columbia Securities Commission

Legislation: In 2008, Patricia McLean entered into a settlement agreement with the Ontario Securities Commission regarding allegations of acts contrary to the public interest between 2000 and 2011. In 2010, the executive director of the B.C. Securities Commission gave McLean notice of an application for an order in the public interest. Section 159 of the Securities Act states that an action can’t begin more than six years after the date of events, so McLean challenged the application. The B.C. Securities Commission issued a public interest order placing restrictions on McLean.

Read the B.C. Court of Appeal’s decision.

Read the British Columbia Securities Commission’s order and decision.

Other related news articles:

Securities Commissions and the “Public Interest” at the SCC: Court to Rule on Inter-Provincial Reciprocal Orders and Limitation Periods, Canadian Appeals Monitor

The Extra-Territorial Effect of Orders in the Public Interest, Litigator


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