Supreme Court of Canada Hearings

Nathalie Sinclair-Desgagné v. Directeur général des élections du Canada, Directeur du scrutin de la circonscription de Terrebonne, et al. (42076)

(Confidentiality order)Following the Canadian general election held on April 28, 2025, and the subsequent judicial recount, the respondent Tatiana Auguste became a member of Parliament for the electoral district of Terrebonne. Only one vote in her favour separated her from her closest rival, the appellant, Nathalie Sinclair-Desgagné. One voter then notified the media that her special ballot, mailed within the prescribed time, had been returned to her after the polling day, marked [translation] “Moved or unknown – return to sender”. In fact, there was an error in the postal code that the returning officer placed on the prepaid envelope sent to the voter in that the last three characters of the postal code were for somewhere other than the polling station. But that voter maintained that she voted for Ms. Sinclair-Desgagné.The Superior Court found that there was no irregularity within the meaning of s. 524(1)(b) of the Canada Elections Act. It therefore dismissed the application to contest the election filed by Ms. Sinclair-Desgagné. Argued Date 2026-02-13 Keywords Elections — Application to contest election — Irregularity — Allegations of irregularities that affected result of election made by candidate defeated by single vote in federal election — Whether trial judge erred in interpretation of notion of irregularity — Whether trial judge erred in determination of consequences of irregularity on integrity of electoral system — Whether trial judge erred in imposing burden much greater than that under Canada Elections Act on voter — Canada Elections Act, S.C. 2000, c. 9, ss. 524(1)b), 531(2). Notes (Quebec) (Civil) (As of Right) (Publication ban in case) (Sealing order) (Certain information not available to the public) Language Floor 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).

Nathalie Sinclair-Desgagné v. Directeur général des élections du Canada, Directeur du scrutin de la circonscription de Terrebonne, et al. (42076)

(Confidentiality order)Following the Canadian general election held on April 28, 2025, and the subsequent judicial recount, the respondent Tatiana Auguste became a member of Parliament for the electoral district of Terrebonne. Only one vote in her favour separated her from her closest rival, the appellant, Nathalie Sinclair-Desgagné. One voter then notified the media that her special ballot, mailed within the prescribed time, had been returned to her after the polling day, marked [translation] “Moved or unknown – return to sender”. In fact, there was an error in the postal code that the returning officer placed on the prepaid envelope sent to the voter in that the last three characters of the postal code were for somewhere other than the polling station. But that voter maintained that she voted for Ms. Sinclair-Desgagné.The Superior Court found that there was no irregularity within the meaning of s. 524(1)(b) of the Canada Elections Act. It therefore dismissed the application to contest the election filed by Ms. Sinclair-Desgagné. Argued Date 2026-02-13 Keywords Elections — Application to contest election — Irregularity — Allegations of irregularities that affected result of election made by candidate defeated by single vote in federal election — Whether trial judge erred in interpretation of notion of irregularity — Whether trial judge erred in determination of consequences of irregularity on integrity of electoral system — Whether trial judge erred in imposing burden much greater than that under Canada Elections Act on voter — Canada Elections Act, S.C. 2000, c. 9, ss. 524(1)b), 531(2). Notes (Quebec) (Civil) (As of Right) (Publication ban in case) (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).

Maxime Bergeron v. Assemblée parlementaire des étudiants du Québec inc., et al. (41566)

Maxime Bergeron was expelled from a mock parliament organized by one of the respondents, the Assemblée parlementaire des étudiants du Québec inc. Some participants said that they were afraid of him because of his [TRANSLATION] “disruptive behaviour”. His father, Jean Bergeron, a lawyer, quickly became involved in the situation, seeking to have the expulsion decision revoked and to obtain reparation for the damage sustained by his son. The respondents filed a motion to have J. Bergeron declared disqualified.The Superior Court found that exceptional circumstances warranted declaring J. Bergeron disqualified. A reasonably informed member of the public knowing the facts of the case would be satisfied that he did not have the distance he was required to have. The Court of Appeal found that there was no reviewable error. Public confidence in the proper administration of justice could be compromised if M. Bergeron’s father were authorized to continue representing him in the particular circumstances of this case. Argued Date 2026-02-12 Keywords Civil procedure — Motion to have lawyer declared disqualified — Whether principles applicable with regard to conflict of interest since MacDonald Estate apply by analogy in context of disqualification of lawyer for not having enough distance — Criteria and factors to be weighed by trial judge considering application for disqualification of lawyer for not having enough distance to balance lawyer’s obligations as officer of court — Code of Civil Procedure, CQLR, c. C 25.01, art. 193. Notes (Quebec) (Civil) (By Leave) Language Floor 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).

Maxime Bergeron v. Assemblée parlementaire des étudiants du Québec inc., et al. (41566)

Maxime Bergeron was expelled from a mock parliament organized by one of the respondents, the Assemblée parlementaire des étudiants du Québec inc. Some participants said that they were afraid of him because of his [TRANSLATION] “disruptive behaviour”. His father, Jean Bergeron, a lawyer, quickly became involved in the situation, seeking to have the expulsion decision revoked and to obtain reparation for the damage sustained by his son. The respondents filed a motion to have J. Bergeron declared disqualified.The Superior Court found that exceptional circumstances warranted declaring J. Bergeron disqualified. A reasonably informed member of the public knowing the facts of the case would be satisfied that he did not have the distance he was required to have. The Court of Appeal found that there was no reviewable error. Public confidence in the proper administration of justice could be compromised if M. Bergeron’s father were authorized to continue representing him in the particular circumstances of this case. Argued Date 2026-02-12 Keywords Civil procedure — Motion to have lawyer declared disqualified — Whether principles applicable with regard to conflict of interest since MacDonald Estate apply by analogy in context of disqualification of lawyer for not having enough distance — Criteria and factors to be weighed by trial judge considering application for disqualification of lawyer for not having enough distance to balance lawyer’s obligations as officer of court — Code of Civil Procedure, CQLR, c. C 25.01, art. 193. 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).

Sophia Hemmings, by her Litigation Guardian, Rosalie Brown, et al. v. Lloyd Gregory Padmore, et al. (41350)

Sophia Hemmings was left with a severe brain injury after suffering cardiac arrest during a caesarean section at the respondent Scarborough Hospital (hereafter, the “Hospital”).The appellants, Sophia Hemmings, by her Litigation Guardian, Rosalie Brown, Rosalie Brown personally, Samantha Camile Gayle and Moses Hemmings, minors by their Litigation Guardian, Rosalie Brown, and Samantha Hemmings, commenced an action against a number of health care practitioners, alleging that their negligence had caused Sophia’s injuries. The parties agreed on the amount of her damages. The action went to trial, solely on the issue of liability.At trial, Lloyd Gregory Padmore, Dr. Neil Thomas Jamensky, and the Hospital were found liable in negligence. The Court of Appeal allowed appeals brought by Dr. Padmore and the Hospital, and set the judgment as against them aside. The appeal brought by Dr. Jamensky was dismissed. Argued Date 2026-02-10 Keywords Torts – Professional liability – Negligence – Causation – Mother suffering severe brain injury following cardiac arrest during delivery of child by caesarian section – Application of law of causation by Canadian courts – How principles of causation to be applied in the context of women’s healthcare in Canada – What is required to show factual causation and how Courts should engage with counterfactual analyses – What is required to show legal causation and demonstrate meaningful contemplation of applicable testCivil procedure –Trial – Judgments – Reasons for judgment – Appeals – What is the permissible nature and extent of appellate courts’ power to review trial record when assessing sufficiency of reasons that are, on their face, deficient Notes (Ontario) (Civil) (By Leave) Language Floor 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).

Sophia Hemmings, by her Litigation Guardian, Rosalie Brown, et al. v. Lloyd Gregory Padmore, et al. (41350)

Sophia Hemmings was left with a severe brain injury after suffering cardiac arrest during a caesarean section at the respondent Scarborough Hospital (hereafter, the “Hospital”).The appellants, Sophia Hemmings, by her Litigation Guardian, Rosalie Brown, Rosalie Brown personally, Samantha Camile Gayle and Moses Hemmings, minors by their Litigation Guardian, Rosalie Brown, and Samantha Hemmings, commenced an action against a number of health care practitioners, alleging that their negligence had caused Sophia’s injuries. The parties agreed on the amount of her damages. The action went to trial, solely on the issue of liability.At trial, Lloyd Gregory Padmore, Dr. Neil Thomas Jamensky, and the Hospital were found liable in negligence. The Court of Appeal allowed appeals brought by Dr. Padmore and the Hospital, and set the judgment as against them aside. The appeal brought by Dr. Jamensky was dismissed. Argued Date 2026-02-10 Keywords Torts – Professional liability – Negligence – Causation – Mother suffering severe brain injury following cardiac arrest during delivery of child by caesarian section – Application of law of causation by Canadian courts – How principles of causation to be applied in the context of women’s healthcare in Canada – What is required to show factual causation and how Courts should engage with counterfactual analyses – What is required to show legal causation and demonstrate meaningful contemplation of applicable testCivil procedure –Trial – Judgments – Reasons for judgment – Appeals – What is the permissible nature and extent of appellate courts’ power to review trial record when assessing sufficiency of reasons that are, on their face, deficient 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).

Gaétan Ouellet v. His Majesty the King (41785)

The appellant, Gaétan Ouellet, was acquitted by Judge Garneau of the Court of Québec of a charge of sexual assault relating to three distinct incidents. On appeal to the Quebec Court of Appeal, the prosecutor raised four grounds of appeal.A majority of the Court of Appeal allowed the appeal and ordered a new trial on the ground that the trial judgment gave insufficient reasons. The majority were of the opinion that for that same reason, it was extremely difficult and speculative to assess the well foundedness of the two first grounds raised by the prosecutor, but they were nevertheless of the view that with respect to the second incident, the judge made a finding in the absence of evidence, which was an added reason for ordering a new trial. Bachand J.A., dissenting, would have dismissed the appeal, being of the opinion that the trial judge’s reasons were not so insufficient so as to undermine the validity of the judgment and that the other grounds of appeal were unfounded. Argued Date 2025-12-03 Keywords Criminal law — Appeal — Sufficiency of reasons — Evidence — Absence of evidence — Assessment — Sexual assault — Whether trial judge’s reasons were so insufficient so as to undermine validity of his decision — Scope of error of law described in R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197, as “finding of fact for which there is no supporting evidence”. Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) Language Floor 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).

Gaétan Ouellet v. His Majesty the King (41785)

The appellant, Gaétan Ouellet, was acquitted by Judge Garneau of the Court of Québec of a charge of sexual assault relating to three distinct incidents. On appeal to the Quebec Court of Appeal, the prosecutor raised four grounds of appeal.A majority of the Court of Appeal allowed the appeal and ordered a new trial on the ground that the trial judgment gave insufficient reasons. The majority were of the opinion that for that same reason, it was extremely difficult and speculative to assess the well foundedness of the two first grounds raised by the prosecutor, but they were nevertheless of the view that with respect to the second incident, the judge made a finding in the absence of evidence, which was an added reason for ordering a new trial. Bachand J.A., dissenting, would have dismissed the appeal, being of the opinion that the trial judge’s reasons were not so insufficient so as to undermine the validity of the judgment and that the other grounds of appeal were unfounded. Argued Date 2025-12-03 Keywords Criminal law — Appeal — Sufficiency of reasons — Evidence — Absence of evidence — Assessment — Sexual assault — Whether trial judge’s reasons were so insufficient so as to undermine validity of his decision — Scope of error of law described in R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197, as “finding of fact for which there is no supporting evidence”. Notes (Quebec) (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).

His Majesty the King v. Robert Joseph DeSutter (41754)

The respondent, Robert Joseph DeSutter, was charged with various sexual offences and one charge of assault, in relation to three different complainants, M.H., S.H. and J.R. The trial judge acquitted the respondent of all charges except the assault charge, finding insufficient evidence of a sexual purpose in the respondent’s actions and the lack of an exploitative relationship. The appellant Crown appealed the acquittals in relation to two counts of sexual exploitation (counts 3 and 14), alleging that the trial judge erred in law by excluding from evidence images of women found on a USB stick and concluding that the respondent was not in an exploitative relationship with one of the complainants, J.R. The majority of the Nova Scotia Court of Appeal dismissed the appeal, concluding that the Crown had not met its burden of establishing an error of law on the part of the trial judge justifying appellate intervention. In contrast, Derrick J.A., dissenting, would have allowed the appeal and ordered a new trial on counts 3 and 14. She found that the trial judge erred in her analysis of the USB images’ probative value and prejudicial effect. She also found that the trial judge failed to properly assess the exploitative nature of the relationship between the respondent and J.R., given the power imbalance and J.R.’s vulnerability. In her view, these errors could have materially affected the verdicts, warranting a new trial on the two counts of sexual exploitation. Argued Date 2025-12-05 Keywords Criminal law — Evidence — Admissibility — Assessment — Whether the trial judge erred in her analysis of the admissibility of the images on the USB — Whether the trial judge erred in her assessment of the exploitative nature of the relationship between the respondent and J.R. Notes (Nova Scotia) (Criminal) (As of Right) (Publication ban in case) Language Floor 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).

His Majesty the King v. Robert Joseph DeSutter (41754)

The respondent, Robert Joseph DeSutter, was charged with various sexual offences and one charge of assault, in relation to three different complainants, M.H., S.H. and J.R. The trial judge acquitted the respondent of all charges except the assault charge, finding insufficient evidence of a sexual purpose in the respondent’s actions and the lack of an exploitative relationship. The appellant Crown appealed the acquittals in relation to two counts of sexual exploitation (counts 3 and 14), alleging that the trial judge erred in law by excluding from evidence images of women found on a USB stick and concluding that the respondent was not in an exploitative relationship with one of the complainants, J.R. The majority of the Nova Scotia Court of Appeal dismissed the appeal, concluding that the Crown had not met its burden of establishing an error of law on the part of the trial judge justifying appellate intervention. In contrast, Derrick J.A., dissenting, would have allowed the appeal and ordered a new trial on counts 3 and 14. She found that the trial judge erred in her analysis of the USB images’ probative value and prejudicial effect. She also found that the trial judge failed to properly assess the exploitative nature of the relationship between the respondent and J.R., given the power imbalance and J.R.’s vulnerability. In her view, these errors could have materially affected the verdicts, warranting a new trial on the two counts of sexual exploitation. Argued Date 2025-12-05 Keywords Criminal law — Evidence — Admissibility — Assessment — Whether the trial judge erred in her analysis of the admissibility of the images on the USB — Whether the trial judge erred in her assessment of the exploitative nature of the relationship between the respondent and J.R. Notes (Nova Scotia) (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).