Supreme Court of Canada Hearings (English Audio)

The Indigenous respondent pleaded guilty to the aggravated assault of his Indigenous common law partner. He had a significant criminal record and a history of serious mental illness. The sentencing judge concluded the respondent’s incarceration was required to protect the public. The respondent was sentenced to five years in prison for the aggravated assault and eight months’ incarceration for breaches of release orders. A majority of the Court of Appeal granted leave to appeal the sentence, allowed the appeal, and varied the sentence to three years’ imprisonment for aggravated assault. The dissenting justice would have granted leave to appeal and dismissed the appeal. Argued Date 2025-12-12 Keywords Criminal law — Sentencing — Considerations — Aboriginal offender and Aboriginal female victim — Sentencing of Aboriginal offender for aggravated assault — Offence against vulnerable person — What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? — How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply? Notes (Nova Scotia) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The Indigenous respondent pleaded guilty to the aggravated assault of his Indigenous common law partner. He had a significant criminal record and a history of serious mental illness. The sentencing judge concluded the respondent’s incarceration was required to protect the public. The respondent was sentenced to five years in prison for the aggravated assault and eight months’ incarceration for breaches of release orders. A majority of the Court of Appeal granted leave to appeal the sentence, allowed the appeal, and varied the sentence to three years’ imprisonment for aggravated assault. The dissenting justice would have granted leave to appeal and dismissed the appeal. Argued Date 2025-12-11 Keywords Criminal law — Sentencing — Considerations — Aboriginal offender and Aboriginal female victim — Sentencing of Aboriginal offender for aggravated assault — Offence against vulnerable person — What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? — How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply? Notes (Nova Scotia) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

SS&C Technologies Canada Corporation entered into a contract with Mellon Trust Financial pursuant to which it provided market pricing data for various types of securities. Mellon Trust Financial merged with Bank of New York to form Bank of New York Mellon Corporation. Bank of New York Mellon Corporation succeeded to the rights and duties under the contract. Mellon Trust Financial and Bank of New York Mellon Corporation breached the contract by redistributing market pricing data to affiliates. Upon learning of the breach of contract, SS&C Technologies Canada Corporation’s counsel demanded an accounting and that Bank of New York Mellon Corporation preserve all related communications, documents, and files. Records including records created after the preservation demand were destroyed. SS&C Technologies Canada Corporation commenced an action against Bank of New York Mellon Corporation seeking damages for breach of contract. Based on spoliation, SS&C Technologies Canada Corporation in part asked the trial judge to draw an adverse inference that its data had been shared with 65 affiliates and it has lost the opportunity to enter into 65 additional agreements on substantially the same terms as the contract. The trial judge found Bank of New York Mellon Corporation liable for breach of contract. The trial judge did not accept SS&C Technologies Canada Corporation’s proposed adverse inference but did draw an adverse inference that all data usage was by Bank of New York Mellon Corporation’s affiliates. He awarded damages of CAD $922,887 and USD $5,696,850. The Court of Appeal dismissed an appeal from the finding of liability and allowed a cross-appeal on liability. It allowed an appeal from the damages award in part and set aside the award of CDN $922,887. Argued Date 2025-12-10 Keywords Civil procedure — Evidence — Spoliation — What is the appropriate remedy for spoliation — What should the appropriate remedy have been in this case? Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-09 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-08 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondents, Robert Vrbanic and Sarah Josipovic, were jointly charged with possession of significant quantities of four different drugs for the purpose of trafficking and possession of the proceeds of crime. They sought a stay of proceedings, arguing that their right to a trial within a reasonable time had been breached. The appellant Crown did not dispute that the delay in this case was over the 18-month presumptive ceiling established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, for a trial in the Ontario Court of Justice, but argued that this delay was justified by the complexity of the case. The application judge concluded that the delay was not justified as an exceptional circumstance on the basis of the complexity of the case, and ordered a stay of proceedings. The Crown appealed the application judge’s order. The majority of the Court of Appeal for Ontario dismissed the appeal. It found that the application judge’s assessment of the complexity of the case was free of legal error and entitled to deference. Roberts J.A., dissenting, would have allowed the appeal and set aside the stay of proceedings on the basis that the application judge’s miscalculation of the net delay and misapplication of the governing principles respecting exceptional circumstances materially affected his ultimate decision as to whether the delay was unreasonable. Argued Date 2025-12-04 Keywords Charter of Rights — Right to be tried within a reasonable time — Exceptional circumstances — Complexity of case — Remedy — Stay of proceedings — Whether the application judge misapplied the governing principles on s. 11(b) Charter litigation by miscalculating the net delay and failing to properly assess complexity — Whether the determination of complexity, for the purposes of an exceptional circumstance under the s. 11(b) framework, ought to be evaluated within the context of the case as a whole — Canadian Charter of Rights and Freedoms, s. 11(b). Notes (Ontario) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The appellant was acquitted at trial of transmitting sexually explicit material to a person under the age of 16 for the purpose of facilitating the commission of either a sexual assault or the indecent act of exposing his genital organs to a person under 16 years of age for a sexual purpose. The trial judge accepted that the appellant sent sexually explicit material to a minor, but he was left with a reasonable doubt on two elements : the identity of the appellant in a sexually explicit video and the specific intent to transmit the material for the purpose of facilitating the commission of an enumerated offence. The trial judge concluded that the transmission of the material could have been “flirtation” and was left with a doubt as to whether the appellant personally intended to commit one of the enumerated offences.The Court of Appeal held that the trial judge erred in acquitting the appellant. The Crown was not required to prove the identity of the appellant in the transmitted video, nor was it required to prove that the appellant personally intended to commit one of the enumerated offences. The conduct referred to by the trial judge as “flirtation” is a tool used to facilitate the commission of sexual offences against children. In its view, but for the trial judge’s errors, the appellant would have been convicted. The Court of Appeal set aside the acquittal and entered a conviction. Argued Date 2025-11-14 Keywords Criminal Law —Transmit sexually explicit material to a person under age of 16 for purpose of facilitating commission of sexual assault or indecent act — Elements of offence — Powers of Court of Appeal — Whether Court of Appeal exceeded jurisdiction by allowing appeal and quashing acquittal under Criminal Code, R.S.C. 1985, c. C-46, s. 171.1(1)(b), because alleged errors were errors of fact — Whether Court of Appeal exceeded jurisdiction by substituting conviction for acquittal under s. 171.1(1)(b) based on its own findings of fact. Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondent, SGS Canada Inc. (SGS), is a subsidiary of a foreign company that offers inspection, analysis, certification and quality control services with respect to Canadian grain destined for interprovincial trade and international export. On November 22, 2019, the intervener Syndicat des travailleuses et travailleurs des industries manufacturières – CSN filed a petition for certification with the Administrative Labour Tribunal (ALT) under the Labour Code, CQLR, c. C 27. The union wanted to represent inspectors and grain graders employed by SGS in Quebec, who work mainly at grain elevators located in Quebec ports along the St. Lawrence River. In December 2019, SGS notified the appellant, the Attorney General of Quebec, that it intended to challenge the ALT’s jurisdiction. It argued that the certification of the employees in question did not fall under provincial jurisdiction, but rather under direct federal jurisdiction with respect to the regulation of labour relations because the employment relates to a work, undertaking or business within the legislative authority of Parliament within the meaning of the case law of the Supreme Court of Canada and therefore that it was up to the Canada Industrial Relations Board to dispose of the petition for certification in accordance with the Canada Labour Code, R.S.C. 1985, c. L 2. In July 2020, SGS gave its agreement on the composition of the proposed bargaining unit, whose representative character was also established. On February 26, 2021, the ALT refused the petition for certification under the Labour Code. The ALT found that the unit contemplated in the union’s petition for certification was subject to derivative federal legislative jurisdiction and that consequently the petition was refused. The Superior Court dismissed the application for judicial review, and the Court of Appeal dismissed the appeal. Argued Date 2025-12-02 Keywords Constitutional law — Division of powers — Labour relations — Direct and derivative federal jurisdiction — Works declared “for the general advantage of Canada” — Company operating “elevators” within meaning of Canada Grain Act — Whether SGS’s labour relations fall directly under federal jurisdiction over works declared for the general advantage of Canada pursuant to s. 92(10)(c) of Constitution Act, 1867 by reason of its inspection activities — Whether SGS’s labour relations fall derivatively under federal jurisdiction over works declared for the general advantage of Canada pursuant to s. 92(10)(c) of Constitution Act, 1867 by reason of its inspection activities — Canada Grain Act, R.S.C. 1985, c. G 10, s. 55 — Constitution Act, 1867, ss. 91(29) and 92(10)(c). Notes (Quebec) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondent was accused of beating a person to death with an axe. Prior to his death, the deceased socialized with the respondent and a number of other persons. At some point, many people left to another venue but the respondent and the deceased remained. The deceased made a phone call to a third party in which he referred to having to fight someone. That person testified to the time of the phone call and the words used by the deceased; she also testified to hearing sounds consistent with the deceased having been beaten to death.The respondent was convicted of second-degree murder following a trial by judge alone. The trial judge referred to the statement of the deceased by phone in her decision. A majority of the Court of Appeal held that the trial judge improperly used the statement for a hearsay purpose rather than only the fact that the statement was made. The majority allowed the appeal from conviction and ordered a new trial. Crighton J.A., dissenting, would have dismissed the appeal on the basis that the trial judge did not err in her treatment of the statement of the deceased. Argued Date 2025-11-12 Keywords Criminal Law — Evidence — Hearsay — Statement of deceased shortly before death — Use of statement of the deceased by trial judge — Whether statement by deceased was used for a hearsay purpose — Whether majority of Court of Appeal erred in holding that trial judge improperly admitted statement for truth of its content —Whether majority of Court of Appeal erred in setting aside conviction for murder Notes (Alberta) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Mr. Jacques-Taylor and a co-accused were jointly charged with firearms offences. On July 6, 2022, each co-accused’s defence counsel, Crown counsel, and a trial coordinator appeared in court to set a trial date. Mr. Jacques-Taylor’s counsel was available for the first available court date of August 8, 2022 or for any date in August but was not available in September. Crown counsel was available for the first available court date of August 8, 2022. Counsel for Mr. Jacques-Taylor’s co-accused was not available for any date in August. Counsel agreed on trial dates from October 2 to 4, 2022. Time from laying of charges to the anticipated start of trial was 22 months and 2 weeks. Mr. Jacques-Taylor filed a motion to stay the proceedings against him for unreasonable delay in breach of his right to be tried within a reasonable time guaranteed by s. 11 (b) of the Charter of Rights and Freedoms. The motions judge, after attributing delay, calculated net delay to be 2 weeks over the 18-month presumptive ceiling. The motions judge declined to attribute 25 days of the delay following the appearance to schedule trial dates that were caused only by the unavailability of counsel for the co-accused as defence delay. Had those 25 days been attributed to the defence, the net delay would have been below the presumptive ceiling. The motions judge granted a stay of proceedings. The Court of Appeal dismissed an appeal. Argued Date 2025-11-07 Keywords Charter of Rights and Freedoms — Right to be tried within a reasonable time — Co-accused being tried jointly — Delay for accused, including period of delay caused only by unavailability of co-accused’s counsel for available court dates, exceeding presumptive Jordan ceiling — Where it is in the interests of justice to pursue a joint prosecution, how is the Jordan framework to be applied as to each accused — What is the scope and proper application of the contextual approach to delay set out in R. v. Hanan, 2023 SCC 12? Notes (Ontario) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

On the advice of the Prime Minister of Canada, the Privy Council Office recommended that the Governor General issue an Order in Council appointing a Lieutenant Governor in New Brunswick who was not bilingual. At trial, that appointment was found inconsistent with the bilingualism requirements in ss. 16(2), 16.1(2) and 20(2) of the Charter. The Court of Appeal set aside that decision on the basis that the appointment of a Lieutenant Governor who was not bilingual did not infringe ss. 16(2), 16.1(1), 18(2) and 20(2) of the Charter. Argued Date 2025-11-13 Keywords Constitutional law — Charter of Rights — Language rights — Role of Lieutenant Governor in New Brunswick — Language requirement for Lieutenant Governor in New Brunswick — Whether Order in Council 2019 1325 dated September 4, 2019, infringes ss. 16(2), 16.1, 18(2) and 20(2) of Canadian Charter of Rights and Freedoms and, if so, what would be appropriate remedy. Notes (New Brunswick) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal. Argued Date 2025-11-06 Keywords Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52. Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal. Argued Date 2025-11-05 Keywords Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52. Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondents are owners of lots that border three lakes in Ville d’Estérel. Following the renewal of the cadastre of Ville d’Estérel in 2016, the respondents discovered that they were not owners of a submerged strip of land that goes around each of the lakes and is situated in front of their respective lots. The appellant claimed to own that strip of land, immatriculated separately in the cadastre as several lots, whereas the respondents stated that they own it. Through an application for a declaratory judgment, the respondents sought a declaration confirming that they are respectively owners of the submerged lots adjacent to the lands they own. The Quebec Superior Court dismissed their application, finding that the submerged lots are the property of the appellant. The Quebec Court of Appeal allowed the respondents’ appeal in part. It found that the submerged strip of land is accessory to the riparian lots pursuant to the doctrine of accessory. Argued Date 2025-11-10 Keywords Property — Immovables — Submerged lots — Extent of right of ownership near watercourses and lakes — Doctrine of accessory — Whether doctrine of accessory is applicable to lots submerged as result of construction of dam — If so, whether doctrine should apply only in residual manner, if doubt persists as to common intention of parties — Whether Court of Appeal erred in interfering, without identifying palpable and overriding error, with findings at trial concerning interpretion of words [TRANSLATION] “bounded by the lake” and common intention of parties. Notes (Quebec) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)Canadian Patent No. 2,655,335 (“’335 Patent”), which was issued to Janssen Pharmaceutica N.V. for INVEGA SUSTENNA, involves a suspension of paliperidone palmitate for the treatment of schizophrenia and related disorders. The ’335 Patent teaches a dosing regimen to achieve an optimum plasma concentration-time profile. Its claims have been construed in previous litigation and are not in issue: Janssen Inc. v. Teva Canada Ltd., 2020 FC 593,; Janssen Inc. v. Pharmascience Inc., 2022 FC 62, aff’d 2024 FCA 10 (“PMS Paliperidone”)). Its disclosure indicated that “[t]hose of ordinary skill in the art will understand that the maintenance dose may be [adjusted] up or down in view of patients condition (response to the medication and renal function)”.Pharmascience Inc. has served two Notices of Allegation in respect of pms-PALIPERIDONE PALMITATE, its proposed generic version of INVEGA SUSTENNA. In 2020, Janssen’s infringement action related to Pharmascience’s Abbreviated New Drug Submission No. 236094 was discontinued on consent. Shortly thereafter, Pharmascience served a Notice of Allegation and Detailed Statement in respect of a different Abbreviated New Drug Submission — No. 244641 — seeking approval to market and sell doses of pms-PALIPERIDONE PALMITATE. Janssen again commenced an infringement action under s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. In that proceeding, Pharmascience moved for summary trial. It was found that if Pharmascience’s pms-PALIPERIDONE PALMITATE was made, constructed, used or sold as set out in the Abbreviated New Drug Submission, it would influence prescribers to prescribe the dosing regimen claimed in the ’335 Patent, leading to direct infringement: PMS Paliperidone. The defence of invalidity went forward, with Janssen seeking a declaration that Pharmascience would infringe the ’335 Patent if it were to make, use or sell pms-PALIPERIDONE PALMITATE in 50, 75, 100 and 150 mg doses.The Federal Court found that the Patent was not invalid based on obviousness or for lack of patentable subject matter. The claims provided specified dosing regimens meant to produce a concentration of the medication within the therapeutic range. If a physician chose to use a dose other than that claimed, to stop treatment or to change therapies, they would no longer be practicing the claimed invention. The Court of Appeal dismissed Pharmascience’s appeal, finding that the use of the invention did not require the exercise of skill and judgment. Argued Date 2025-10-09 Keywords Intellectual property — Patents — Validity — Lack of patentable subject matter — Method of medical treatment — Vendible product — Skill and judgment — Fixed or variable dosing regimen — Canadian Patent No. 2,655,335 teaches dosing regimen that includes first loading dose, second loading dose and monthly maintenance doses — Regimen incorporates dosing windows of +/- 2 days for the second loading dose and +/- 7 days for the maintenance doses — Whether patent is invalid in that it claims an unpatentable method of medical treatment. Notes (Federal) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The appellant’s spouse went missing in 2008. In 2017, the appellant obtained a declaratory judgment of her spouse’s death pursuant to art. 92 of the Civil Code of Québec in a proceeding contested by the spouse’s life insurance company. After the spouse was declared deceased, the life insurance company applied to annul the declaration of death on the basis that there was evidence he was alive in another country as late as 2018. The application was not served on the party declared to have died.The Superior Court of Quebec judge granted the life insurance company’s application and annulled the declaration of death. She concluded that there was no prejudice flowing from the fact that the application was not served on the declared decedent. The Court of Appeal allowed an appeal only with respect to application judge’s costs award but otherwise affirmed the Superior Court judge’s decision. Argued Date 2025-10-10 Keywords Status of persons — Absence — Return — Declaratory judgment of death — Life insurance company seeking to annul declaratory judgment of death — What proof of return is required to annul a declaratory judgment of death — Whether an application by a third party to annul a declaratory judgment of death must be served on the person declared to be deceased — Civil Code of Québec, arts. 92, 97, 98. Notes (Quebec) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

During the course of an investigation under the Traffic Safety Act, a police officer attempted to effect a warrantless arrest of the applicant for obstruction under s. 129(a) of the Criminal Code. In a pre-trial application, the trial judge found that the police officer was not executing a lawful arrest, and therefore breached the applicant’s s. 9 Charter right not to be arbitrarily detained by attempting the arrest. The trial judge acquitted the applicant of assault causing bodily harm. The Court of Appeal allowed the appeal, and ordered a new trial. Argued Date 2025-10-17 Keywords Criminal law — Arrest — Can a police officer arrest an individual for obstruction under the Criminal Code, during the course of a regulatory (or municipal) investigation where the regulatory (or municipal) statute provides for a lesser enforcement remedy — Does the discretion referenced in Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 allow police officers to engage the more serious Criminal Code provisions during the course of an investigation for less serious regulatory or municipal offences? Notes (Alberta) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

A police investigation into the production of marijuana led to criminal proceedings against 11 individuals. A stay of proceedings was entered for the respondents in light of unreasonable delays. The Court of Québec dismissed the motion to dismiss the motion for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. The Quebec Superior Court dismissed the motion for prohibition and certiorari in aid. The Quebec Court of Appeal set aside the Superior Court judge’s decision and stated that the Court of Québec did not have the jurisdiction required to deal with motions for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. Argued Date 2025-10-16 Keywords Criminal law — Proceeds of crime — Offence related property — Restraint order — Jurisdiction of provincial court — Appropriate procedural vehicles — Whether property included in application for forfeiture pursuant to s. 462.37(2) of Criminal Code and s. 16(2) of Controlled Drugs and Substances Act must be related to offence for which there was conviction — Whether stay of proceedings prevents prosecutor from proving facts forming basis for charges in context of motion for forfeiture of offence related property or of proceeds of crime — Criminal Code, R.S.C. 1985, c. C-46, s. 462.37(2) — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 16(2). Notes (Quebec) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Mr. Anglin was a member of the Legislative Assembly of Alberta from 2012 until 2015, when he was unsuccessful in his re-election bid. He accepts the result of the election, but alleges that the Chief Electoral Officer interfered with the fairness of the election and, by doing so, injured his chances of being elected. He seeks damages for the alleged loss of the chance to be elected. During the election, the Chief Electoral Officer, Mr. Resler, investigated problems with Mr. Anglin’s election signs and his handling of the list of electors. After the election, the Chief Electoral Officer assessed two administrative penalties against Mr. Anglin, who appealed both penalties. One penalty was overturned due to the Chief Electoral Officer’s failure to provide Mr. Anglin with the investigation report, but the basis for assessing the fine was not found to be problematic. Mr. Anglin then commenced this action against the Chief Electoral Officer and others alleging that the Chief Electoral Officer should not have commenced the investigations and that he should have known that his actions would injure Mr. Anglin. The Chief Electoral Officer denied the factual allegations and invoked ss. 5.1 of the Election Act, R.S.A. 2000, c. E-1, which provides a general immunity when the Chief Electoral Officer acts in good faith, and s. 134(5), which authorizes the Chief Electoral Officer to remove non-compliant signs. Later, he applied to strike the claim for failure to disclose a cause of action or for abuse of process, with an alternative request for summary judgment due to lack of merit.Finding that the claim was a collateral attack on the validity of the election, the chambers judge struck the entire statement of claim for failure to disclose a reasonable cause of action or as an abuse of process. The Court of Appeal allowed the appeal in part, reinstated the claim other than the allegations of malicious prosecution, and remitted the Chief Electoral Officer’s claim for summary judgment application to trial court. Argued Date 2025-10-14 Keywords Elections — Jurisdiction — Chief Electoral Officer — Chief Electoral Officer required candidate to remedy inappropriate elements of signs — Candidate losing election — Candidate sued Chief Electoral Officer for damages for loss of chance to win election — Candidate did not challenge result of election — Chief Electoral Officer moved to strike claim for failure to disclose a cause of action, abuse of process or lack of merit — Whether an unsuccessful candidate for election can bring a private action against an election officer for the loss of chance of being elected. Notes (Alberta) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

11368 NL Inc. was the owner of commercial real estate known as Kenmount Terrace. Patrick Street Holdings Limited is part of a group of related companies that, through loans secured by mortgages, financed development projects undertaken by a group of related companies including 11368 NL Inc. In early 2016, two mortgages known as Mortgage 608132 and Mortgage 708519 went into default and notices of power of sale were issued under the Conveyancing Act, RSNL 1990, c. C-34. These power of sale proceedings halted when 11368 NL Inc., as the mortgagee, gave a third mortgage known as Mortgage 759678. Mortgage 759678 is a collateral mortgage registered against Kenmount Terrace to a limit of $4,000,000 in support of 11368 NL Inc.’s guarantee of Mortgage 608132. Patrick Street Holdings Ltd. reactivated power of sale proceedings under Mortgage 708519 and obtained Kenmount Terrace at public auction. Patrick Street Holdings Ltd. provided an accounting of the proceeds of the power of sale to all encumbrancers of Kenmount Terrace stating that specific charges including Mortgage 759678 took priority and exhausted the power of sale proceeds such that not all encumbrancers could be paid. Two unpaid encumbrancers commenced an application challenging the accounting. 11368 NL Inc. filed an interlocutory application claiming entitlement to any surplus funds from the power of sale plus interest, but also advancing a claim of priority for another encumbrancer, Ms. Cheeke. On October 3, 2017, Handrigan J. determined the two encumbrancers’ application but not 11368’s interlocutory application. Handrigan J. held there was a surplus on the power of sale of approximately $4.2 million. He accepted most of Patrick Street Holdings Ltd.’s accounting but did not include its claim to $4,000,000 under Mortgage 759678 in his accounting. Patrick Street Holdings Ltd. appealed, The Court of Appeal dismissed the appeal. Patrick Street Holdings Ltd. paid the two applicant encumbrancers’ claims and withheld the balance of the surplus of the power of sale proceeds. On July 16, 2022, Handrigan J. determined the interlocutory application filed by 11368 NL Inc. Handrigan J. held Ms. Cheeke’s encumbrance took priority and was due from the remaining surplus. He held that his conclusion on October 3, 2017, that Patrick Street Holdings Ltd. had not established what was owing under Mortgage 759678 had been accepted on appeal and nothing had been shown to cause him to change his mind on this issue. Patrick Street Holdings Ltd. was ordered to pay the surplus remaining after payment to Ms. Cheeke to 11368 NL Inc. Patrick Street Holdings Ltd. appealed. A majority of the Court of Appeal dismissed the appeal. Argued Date 2025-10-15 Keywords Civil procedure — Res judicata — Estoppel — Abuse of process by re-litigation — Whether majority of Court of Appeal erred in law in finding res judicata may be raised for first time on appeal — If so, whether requirements of res judicata satisfied — Whether doctrine of abuse of process by re-litigation applied beyond permissible limits — Whether abuse of process for purchaser to rely on collateral mortgage — Amount due and payable under a mortgage at the time of power of sale proceedings. Notes (Newfoundland & Labrador) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).