AUGUST 29 – OCTOBER 10, 2012.
Here’s a super-tight summary of all appeals and all leaves to appeal. For leaves I’ve specifically added in both the date the SCC granted leave and the date of the CA judgment.
If you’d like previous reports so you’re right-up-to-date, or if you’d like an electronic copy (so you can click n’ go) email me: firstname.lastname@example.org
CONSTITUTIONAL LAW: STANDING
Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society (BCCA October 12, 2010) (33981) Sept. 21, 12
Needed for public interest standing:
- a serious issue
- a substantial constitutional issue
- or an important one
- far from frivolous (although courts should not examine the merits of the case in other than a preliminary manner).
COURTS: 'OPEN COURT' PRINCIPLE; CYBERBULLYING
AB v. Bragg Communications Inc. (NSCA March 04, 2011) (34240) Sept. 27, 12
A 15-year-old girl found out that someone had posted a fake Facebook profile using her picture, a slightly modified version of her name, and other particulars identifying her, accompanied by unflattering commentary about the girl’s appearance along with sexually explicit references. Through her father as guardian, she can apply anonymously for disclosure of the identity of the relevant IP user(s), but no publication ban on that part of the fake Facebook profile that contains no identifying information.
LEAVES TO APPEAL GRANTED
Following car accidents and loss of control, a Transports Québec officer and some witnesses prevented the Applicant from leaving, the police arriving later. What should the holding be on charges of blood alcohol level over the limit and impaired.
Mihai Ibanescu v. R (Que. CA, Jan 8, 2012) (34653) Sept. 13, 2012
When Castonguay Blasting Ltd. was working as a subcontractor for a construction project commissioned by the Ontario Ministry of Transportation for the widening of a provincial highway, one of its blasting operations went awry and rock fragments known as “fly rock” were released into the air by an explosion, which landed on and damaged a vehicle and a house on nearby private property, but no one was injured. The incident was reported to the Ministry of Labour and to the Ministry of Transportation, but not to the Ministry of the Environment. Is this failing to report contrary to s. 15(1) of the Environmental Protection Act?
Castonguay Blasting Ltd. v. Her Majesty the Queen in Right of the Province of Ontario as represented by The Minister of the Environment (Ont. CA, Mar. 16, 2012) (34816) Sept. 27, 12
Are Regulations effectively prohibiting pharmacies from marketing private label generic drugs ultra vires.
Shoppers Drug Mart Inc., et al. v. Minister of Health and Long Term Care, et al. (Ont. CA, Dec. 23, 2011) (34649) Aug. 30, 2012
Similar summary to that immediately above.
Katz Group Canada Inc., et al. v. Minister of Health and Long-Term Care, et al. (Ont. CA, Dec. 23, 2011) (34647) Aug. 30, 2012
About the Author
Eugen Meehan, Q.C., is a litigation partner at Supreme Advocacy LLP, Ottawa. email@example.com