Canada Case Law

Nelson v. TELUS Communications Inc.

Court

Court of Appeal for Ontario

The appeal was dismissed because the motion judge correctly concluded that the WSAA was valid provincial legislation within provincial jurisdiction and was not rendered inoperative by federal paramountcy or interjurisdictional immunity; accordingly the Superior Court had jurisdiction and the class action was not to be stayed.

Source excerpt

• Division of powers
• Paramountcy
• Interjurisdictional immunity
• Validity of provincial legislation
• Refunds under provincial statute

Read case analysis

West Fraser Mills Ltd. v. British Columbia

Court

Supreme Court of British Columbia

The court held that bulk electrical cable and hydraulic hose were not “parts” at the time of purchase and were not exempt from tax under the Social Services Tax Act.

• Parts exemption
• Sales tax exemption
• Refund claim
• Characterization at time of purchase
• Regulatory interpretation
• Tax-law

Read case analysis

R. v. Wucherer

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to raise a Charter challenge to the Victims of Crime Act surcharge because it was not raised at trial and lacked any factual foundation.

• Victim surcharge
• Charter challenge
• Jurisdictional applicability
• Raising issues for first time on appeal
• Charter-challenge
• Victim-surcharge

Read case analysis

R. v. Thomas Equipment Ltd.

Court

Supreme Court of Canada

The Supreme Court of Canada held that Alberta’s Farm Implement Act applied to a New Brunswick manufacturer selling farm equipment for resale in Alberta and restored the conviction.

• Extra‑territorial application of provincial law
• Vendor‑dealer regulatory scheme
• Statutory override of contractual terms
• Proper law of contract
• Registration of extra‑provincial companies
• Provincial-regulation

Read case analysis

Reference Re Authority to Perform Functions Vested by Adoption Act, The Children of Unmarried Parents Act, The Deserted Wives' and Children's Maintenance Act of Ontario

Court

Supreme Court of Canada

La Cour suprême a confirmé que l’Ontario pouvait confier certaines fonctions judiciaires à des juges et magistrats provinciaux dans des lois sur l’adoption et la protection des enfants.

• Division of powers
• Section 96 bna act
• Provincial courts and judicial appointments
• Children protection and maintenance
• Adoption
• Division-of-powers

Read case analysis

In re McNutt

Court

Supreme Court of Canada

Appeal dismissed for want of jurisdiction in a habeas corpus matter arising from a Nova Scotia Temperance Act conviction.

• Jurisdiction under supreme court act s.39(c)
• Provincial temperance legislation
• Distinction between criminal and provincial penal offences
• Liberty of the subject act order versus writ of habeas corpus
• Admissibility of evidence of previous conviction
• Appealability of habeas corpus refusals

Read case analysis

L'Association Pharmaceutique de Québec v. Livernois

Court

Supreme Court of Canada

The Supreme Court of Canada refused to quash an appeal, holding that a pleaded ultra vires issue kept the case appealable under s. 29(a) despite dismissal for want of proof.

• Ultra vires
• Jurisdiction
• Appealability
• Pleadings
• Proof of offence
• Appeal-jurisdiction

Read case analysis

Bigelow v. The Queen

Court

Supreme Court of Canada

Appeal from Nova Scotia dismissed because the affidavit required for certiorari under s. 117 of the Liquor License Act, 1896 was not produced.

• Provincial legislative powers
• Certiorari
• Jurisdiction
• Procedural requirements
• Affidavit requirements
• Liquor licensing legislation

Read case analysis