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Constitutional law 2019 SCC 58

Desgagnés Transport Inc. v. Wärtsilä Canada Inc.

The Supreme Court held that Quebec civil law governed the marine engine parts dispute, so Wärtsilä could not rely on the contract’s liability cap.

  • Division of powers
  • Double aspect doctrine
  • Interjurisdictional immunity
  • Federal paramountcy
  • Choice of law
  • Sale of goods
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Constitutional law 2015 SCC 52

407 ETR Concession Co. v. Canada (Superintendent of Bankruptcy)

The Supreme Court held that Ontario’s Highway 407 toll-enforcement law is inoperative to the extent it is used to enforce a bankruptcy-discharged toll debt.

  • Federal paramountcy
  • Operational conflict
  • Frustration of federal purpose
  • Bankruptcy discharge (s.178 bia)
  • Highway toll enforcement
  • Public‑private partnership enforcement mechanism
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Constitutional law 2015 SCC 51

Alberta (Attorney General) v. Moloney

The Supreme Court held that Alberta’s licence-suspension scheme was inoperative to the extent it enforced a bankruptcy-discharged debt, due to federal paramountcy.

  • Federal paramountcy
  • Discharge in bankruptcy
  • Operational conflict
  • Frustration of federal purpose
  • Driver's licence suspension
  • Debt collection
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Constitutional law 2015 SCC 53

Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd.

The Supreme Court of Canada held that Saskatchewan’s farm security provisions did not make the BIA’s national receivership regime inoperative under federal paramountcy.

  • Federal paramountcy
  • Receivership
  • National receivership (bia s.243)
  • Provincial farm security legislation (sfsa part ii)
  • Frustration of federal purpose
  • Operational conflict
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Constitutional law 2010 BCSC 257

R. v. Van Kessel

The Court upheld CDSA forfeiture provisions against constitutional challenge, holding they are valid criminal law and do not violate section 96.

  • Forfeiture
  • Controlled drugs and substances act
  • Offence-related property
  • Pith and substance
  • Section 96 constitution act 1867
  • Jurisdiction of provincial courts
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Constitutional law [1994] 3 SCR 753

TransGas Ltd. v. Mid-Plains Contractors Ltd.

The Supreme Court of Canada dismissed the appeal and held that s. 224(1.2) and (1.3) of the Income Tax Act did not infringe Saskatchewan’s property and civil rights jurisdiction.

  • Division of powers
  • Priority of tax claims
  • Ultra vires
  • Income tax act s.224
  • Division-of-powers
  • Taxation
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Constitutional law [1993] 2 SCR 443

Artell Developments Ltd. v. 677950 Ontario Ltd.

The Supreme Court of Canada held that a mortgage profit-sharing arrangement fell within s. 347 of the Criminal Code and upheld the provision as valid federal criminal law.

  • Excessive interest/usury
  • Division of powers
  • Mortgage profit‑sharing
  • Enforceability of agreements
  • Criminal-interest-rate
  • Division-of-powers
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Constitutional law [1985] 1 SCR 785

Deloitte Haskins & Sells v. Workers' Comp. Board

The Supreme Court of Canada held that in bankruptcy, the federal Bankruptcy Act governed priority, and Alberta’s workers’ compensation charge was inoperative to the extent of any conflict.

  • Paramountcy doctrine
  • Priority of claims in bankruptcy
  • Secured creditor status
  • Statutory charge
  • Federal-provincial legislative interaction
  • Bankruptcy-priorities
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Bankruptcy and insolvency [1978] 1 SCR 753

Robinson v. Countrywide Factors Ltd.

The Supreme Court of Canada held that Saskatchewan’s Fraudulent Preferences Act was valid and could be used by a bankruptcy trustee to attack the impugned transaction.

  • Fraudulent preferences
  • Ultra vires
  • Federal paramountcy
  • Provincial statute validity
  • Conflict/operational repugnancy
  • Bankruptcy-and-insolvency
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Constitutional law [1963] SCR 570

Attorney General (Ontario) v. Barfried Enterprises

The Supreme Court of Canada held Ontario’s Unconscionable Transactions Relief Act intra vires, finding it concerned contract relief, not interest, and allowing the appeal.

  • Ultra vires
  • Pith and substance
  • Unconscionable transactions
  • Interest law
  • Federal paramountcy
  • Doctrine of conflict
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.