Supreme Court of Canada Hearings

Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc. (40197)

Pine Valley Enterprises Inc. (“PVE”) contracted with Earthco Soil Mixtures Inc. (“Earthco”) for the supply of topsoil for use in a project. After reviewing dated test results for “R Topsoil,” it placed an order for 3,678 cubic yards of “Screened topsoil with extra Organics added.” The contract included exclusion provisions that allowed PVE to test the soil prior to shipment, and that, if PVE waives its right to testing, Earthco is not responsible for the “quality” of the material.PVE waived its right to test the soil. After delivery, testing revealed that the topsoil significantly differed from the earlier test results. PVE was forced to remove the topsoil and then sought compensation from Earthco, which in turn disclaimed responsibility because PVE had waived its right to test the soil before shipment. PVE brought an action against Earthco for damages.The trial judge found that the contract was for a “sale by description” within the meaning of the Sale of Goods Act, R.S.O. 1990, c. S.1. He held that the topsoil delivered did not correspond to the description in the contract, contrary to s. 14 of the Sale of Goods Act. The trial judge also found, however, that the parties had expressly agreed to absolve Earthco of liability for variations in soil composition that amount of discrepancies in the description of the goods, as permitted by s. 53 of the SGA. Therefore, he dismissed PVE’s action.The Court of Appeal agreed with the trial judge that the contract was for a “sale by description” and that there was a discrepancy between the description of the goods in the contract and the goods delivered. However, the Court of Appeal held that the trial judge erred in using the factual matrix of the contract to determine that the exclusion clauses ousted s. 14 of the Sale of Goods Act. The Court of Appeal unanimously allowed PVE’s appeal. Argued Date 2023-10-17 Keywords Sale of goods - Sale of goods — Sale by description — Implied condition as to description — Goods described with reference to quality — Whether statements as to quality can form part of an item’s description Appeals — Courts — Standard of review — Contractual interpretation — Standard of appellate review applicable to trial judge’s interpretation of exclusion clauses — Did the trial judge err in law by relying on the factual matrix of the contract to interpret the exclusion clauses? — Did the Court of Appeal err in reviewing the trial judge’s decision on a standard of correctness? Notes (Ontario) (Civil) (By Leave) 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).

Jim Shot Both Sides, et al. v. His Majesty the King (40153)

On September 22, 1877, the Blackfoot Confederacy and the Crown executed Treaty 7, which established Reserve No. 148, the largest reserve in Canada. It is the home of the Kainai, or Blood Tribe. Under the Treaty, the size of the reserve was to be established through a formula promising “one square mile for each family of five persons, or in that proportion for larger and smaller families”. The Blood Tribe has long claimed that the actual size of its reserve did not accord with that promised by the Treaty and, in 1980, commenced an action in the Federal Court.For decades the action sat in abeyance. In 2016, the court held phase I of the trial of the action, for the purpose of receiving oral history evidence from aging members of the Blood Tribe. Phase II commenced in 2018 to hear fact and expert witness evidence, and to make a determination on liability.At the completion of phase II, the trial judge found that the Blood Tribe’s claims were discoverable more than six years before the action was commenced in 1980 and, with the exception of a claim for breach of treaty, were therefore time-barred through the operation of The Limitation of Actions Act, R.S.A. 1970, c. 209 and s. 39 of the Federal Courts Act, R.S.C. 1985, c. F-7.The trial judge held that an action for breach of a treaty commitment could not be pursued in a Canadian court prior to the advent of s. 35 of the Constitution Act, 1982. Therefore, for the purposes of the limitations statute, time for a breach of treaty claim only began to run in 1982.The trial judge found that Canada was in breach of its treaty commitment, and that the size of the Reserve was understated by 162.5 square miles. The Crown appealed. The Federal Court of Appeal allowed the appeal and varied the Federal Court’s judgment to state that all claims of the Blood Tribe were time-barred. Argued Date 2023-10-12 Keywords Aboriginal law - Treaty rights, Limitation of actions - Aboriginal law — Treaty rights — Treaty 7 — Limitation of actions — Breach of treaty as cause of action —Whether breach of treaty was actionable in Canadian courts prior to the coming into force of s. 35 of the Constitution Act, 1982 — Whether limitation periods for breach of treaty claims began to run prior to the passage of s. 35 — Limitation of Actions Act, R.S.A. 1970, c. 209; Federal Courts Act, R.S.C. 1985, c. F-7 . Notes (Federal) (Civil) (By Leave) 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).

Attorney General for Ontario v. Information and Privacy Commissioner of Ontario, et al. (40078)

(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)A journalist with the CBC made an application under the Act for disclosure of the mandate letters addressed from the Premier of Ontario to each minister setting out’s the Premier’s policy priorities for the minister’s mandate. The Cabinet Office opposed the disclosure on the basis of s. 12(1) of the Act, the introductory language of which provides that a government head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of the Executive Council or its committees.In Order PO-3973, the Information and Privacy Commissioner of Ontario ordered disclosure of the mandate letters to the CBC. He determined that a record not listed at subparagraphs (a) to (f) will qualify under the opening words of s. 12(1) if the context or other information would permit accurate inferences to be drawn as to actual Cabinet deliberations at a specific Cabinet meeting. The words do not encompass the outcome of the deliberative process, such as policy choices. The Commissioner found that Cabinet Office must provide sufficient evidence to establish a linkage between the content of the record and the actual substance of Cabinet deliberations, and concluded that neither the content and context of the letters nor the evidence and representations of Cabinet Office met the test under section 12(1). The Ontario Superior Court of Justice dismissed the appellant’s application for judicial review and the Court of Appeal for Ontario dismissed the appeal, with Lauwers J.A. dissenting. Argued Date 2023-04-18 Keywords Access to information - Exemptions, Mandate, Legislation, Interpretation - Access to Information – Access to records – Exemptions – Cabinet records – Mandate letters – Legislation – Interpretation – Whether confidential communications in respect of policy initiatives and development, prepared by the Premier of Ontario for his Cabinet ministers, are protected by the Cabinet records exemption – Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, s. 12(1). Notes (Ontario) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) 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. Olivier Chatillon (40331)

(PUBLICATION BAN)After a trial in the Court of Québec, the respondent, Olivier Chatillon, was convicted of one count of sexual assault of a child. The trial judge held that the prosecution’s case could be based on the admissions made to the professionals who had assessed him, although he had met with them during an entirely voluntary therapeutic process to receive treatment for problems associated with substance abuse and sexual deviance. The Court of Appeal, for the reasons given by Vauclair J.A. and concurred in by Healy J.A., granted the motion for leave to appeal, allowed the appeal and acquitted the respondent. It declared that the admissions were inadmissible in evidence based on its analysis of the Wigmore criteria for privilege. Mainville J.A., dissenting, would have dismissed the respondent’s appeal on the ground that the admissions were admissible because they were not privileged. By consenting to the disclosure of his admissions, the respondent had expressly waived their confidentiality. Argued Date 2023-03-15 Keywords Criminal law - Evidence, Admissibility - Criminal law — Evidence — Admissibility — Admissions — Wigmore test — Whether majority of Quebec Court of Appeal erred in law in finding respondent’s admissions inadmissible on ground that they were privileged under Wigmore test. Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) 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).

Jason Donald Hay v. His Majesty the King (40316)

(PUBLICATION BAN IN CASE)Following a judge-alone trial, the appellant, Mr. Hay, was acquitted of one count of sexual assault under s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The appellant conceded that the complainant did not consent to anal intercourse on September 13, 2019. The only issue on appeal was whether Mr. Hay had an honest but mistaken belief in the complainant’s communicated consent. Following a s. 276 voir dire, the trial judge admitted evidence of a previous sexual encounter on August 24, 2019.The trial judge found there was an air of reality to the appellant’s defence of honest but mistaken belief in communicated consent. She concluded that the Crown had failed to prove the necessary mens rea and acquitted him. The Court of Appeal unanimously allowed the appeal, quashed the acquittal and entered a conviction for sexual assault. It found the trial judge erred in law both by admitting the evidence of previous sexual conduct and by finding there was an air of reality to the defence of honest but mistaken belief in communicated consent. Argued Date 2023-05-19 Keywords Criminal law - Offences, Evidence, Defences - Criminal law — Offences — Sexual assault — Consent — Evidence — Defence — Whether the Court of Appeal of Alberta erred by conflating the actus reus for sexual assault (consent) with the mens rea (belief in communicated consent or a mistaken belief in communicated consent) — Whether the Court of Appeal of Alberta erred by reversing the trial judge’s decision admitting evidence of previous sexual acts on the s. 276 application — Whether the Court of Appeal of Alberta erred by reversing the criminal standard of proof to place an onus on the appellant to establish his innocence — Whether the Court of Appeal of Alberta erred in substituting its own view of the facts contrary to the trial judge’s findings in relation to the testimony of the appellant — Whether the Court of Appeal of Alberta erred by requiring proof of explicit consent as a prerequisite for the defence of mistaken belief in communicated consent to apply. Notes (Alberta) (Criminal) (As of Right) (Publication ban in case) 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. Christopher James Kruk (40095)

(PUBLICATION BAN IN CASE)The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial. Argued Date 2023-05-18 Keywords Criminal law - Trial - Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred in concluding that the trial judge relied on speculative reasoning in accepting the complainant’s evidence — Whether there was no merit to the respondent’s alternate argument regarding alleged misapprehensions of evidence, and the appropriate remedy was to restore the conviction. Notes (British Columbia) (Criminal) (By Leave) (Publication ban in case) 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).

Jason Donald Hay v. His Majesty the King (40316)

(PUBLICATION BAN IN CASE)Following a judge-alone trial, the appellant, Mr. Hay, was acquitted of one count of sexual assault under s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The appellant conceded that the complainant did not consent to anal intercourse on September 13, 2019. The only issue on appeal was whether Mr. Hay had an honest but mistaken belief in the complainant’s communicated consent. Following a s. 276 voir dire, the trial judge admitted evidence of a previous sexual encounter on August 24, 2019.The trial judge found there was an air of reality to the appellant’s defence of honest but mistaken belief in communicated consent. She concluded that the Crown had failed to prove the necessary mens rea and acquitted him. The Court of Appeal unanimously allowed the appeal, quashed the acquittal and entered a conviction for sexual assault. It found the trial judge erred in law both by admitting the evidence of previous sexual conduct and by finding there was an air of reality to the defence of honest but mistaken belief in communicated consent. Argued Date 2023-05-19 Keywords Criminal law - Offences, Evidence, Defences - Criminal law — Offences — Sexual assault — Consent — Evidence — Defence — Whether the Court of Appeal of Alberta erred by conflating the actus reus for sexual assault (consent) with the mens rea (belief in communicated consent or a mistaken belief in communicated consent) — Whether the Court of Appeal of Alberta erred by reversing the trial judge’s decision admitting evidence of previous sexual acts on the s. 276 application — Whether the Court of Appeal of Alberta erred by reversing the criminal standard of proof to place an onus on the appellant to establish his innocence — Whether the Court of Appeal of Alberta erred in substituting its own view of the facts contrary to the trial judge’s findings in relation to the testimony of the appellant — Whether the Court of Appeal of Alberta erred by requiring proof of explicit consent as a prerequisite for the defence of mistaken belief in communicated consent to apply. Notes (Alberta) (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. Edwin Tsang (40447)

(PUBLICATION BAN IN CASE)The respondent and the complainant had mutual friends, but met for the first time at an event. When that event ended, the respondent drove the complainant and her friend, to Commodore Ballroom. The respondent and the complainant continued drinking and dancing and later left the Commodore in the respondent’s car. On the way to the complainant’s home, they got into the back seat to “make out”. The trial judge found that what ensued after the initial consensual foreplay was a sexual assault. The trial judge convicted the respondent of sexual assault. The Court of Appeal allowed the conviction appeal, set aside the conviction and ordered a new trial. Argued Date 2023-05-18 Keywords Criminal law - Trial - Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred by not applying a deferential standard of review, and intervening on the basis that the trial judge erred in law by basing her credibility conclusions on unfounded generalizations — Whether the Court of Appeal erred by not conducting a functional and contextual review of the trial judge’s reasons — Whether the Court of Appeal erred by improperly re-weighing the evidence in concluding that the alleged unfounded generalizations were material — What is the appropriate remedy for the Court of Appeal’s errors? Notes (British Columbia) (Criminal) (By Leave) (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. Christopher James Kruk (40095)

(PUBLICATION BAN IN CASE)The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial. Argued Date 2023-05-18 Keywords Criminal law - Trial - Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred in concluding that the trial judge relied on speculative reasoning in accepting the complainant’s evidence — Whether there was no merit to the respondent’s alternate argument regarding alleged misapprehensions of evidence, and the appropriate remedy was to restore the conviction. Notes (British Columbia) (Criminal) (By Leave) (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).

Canadian Broadcasting Corporation, et al. v. Aydin Coban, et al. (40223)

(PUBLICATION BAN IN CASE)An accused was charged with several offences. Before the jury selection process began, a ban on publication was imposed on all pre-trial applications in the proceedings pursuant to s. 648(1) of the Criminal Code. A consortium of major media outlets applied to have the ban clarified and declared applicable only after the jury is empaneled. The motion judge dismissed the application. Argued Date 2023-05-17 Keywords Criminal law - Publication bans - Criminal law — Publication bans — Whether a publication ban pursuant to s. 648 of the Criminal Code applies to proceedings before a jury is empaneled? Notes (British Columbia) (Criminal) (By Leave) 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).