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This week at the SCC

|Written By Heather Gardiner

In this short week at the Supreme Court of Canada there are only three appeals scheduled to be heard.

May 21 — Quebec — R. v. McRae

Criminal law: While in prison awaiting trial, Stéphane McRae and another inmate conspired to attack the Crown prosecutor, a police investigator, and four witnesses. After finding out about this plan, investigators placed a listening device on a third inmate. McRae was charged with conveying a threat to cause death or bodily harm. The main issue is that the threatening remarks were made in a place where it’s assumed that confidentiality exists.

Read the Quebec Court of Appeal’s decision.

May 22 — New Brunswick — A.I. Enterprises Ltd. v. Bram Enterprises Ltd.

Torts: A family owned and managed an apartment building in Moncton, N.B. In 2000, four of the five family members decided to sell the building but the managing member disagreed with the sale. They were unable to sell the building to interested third parties so the managing member eventually purchased the property. The other members argued the managing member breached their obligations and acted unlawfully, and committed an economic interference that caused losses so they sought damages. The trial judge found the economic tort of interfering with contractual relations by unlawful means had been established and awarded damages. The Court of Appeal dismissed the appeal.

Read the New Brunswick Court of Appeal’s decision.

Other related articles:

Do equitable ends justify expanding “unlawful means?” The Supreme Court of Canada grants leave in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., Canadian Appeals Monitor

May 23 — Nova Scotia — MacDonald v. R.

Criminal law: Erin Lee MacDonald was convicted of several firearms-related offences. He was entertaining friends at his condominium and was repeatedly asked to turn down the volume of his music. When police appeared at his door, he was carrying a loaded restricted firearm. McDonald argued the police’s search violated his Charter rights but the trial judge ruled the search was justified. The Court of Appeal allowed the appeal in part.

Read the Nova Scotia Court of Appeal’s decision:

Other related articles:

Appeal court overturns gun charge conviction, upholds two others, The Chronicle Herald





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