Supreme Court of Canada Hearings

Kuldeep Kaur Ahluwalia v. Amrit Pal Singh Ahluwalia (Day 2/2) (41061)

The parties were married in 1999 in India. During their sixteen years of marriage, they had two children. The trial judge found that Mr. Ahluwalia was abusive during the marriage. The trial judge accepted Ms. Ahluwalia’s evidence that the parties’ relationship was characterized by a pattern of emotional and physical abuse and financial control. Ms. Ahluwalia testified to three specific incidents of physical violence: in 2000, 2008, and 2013. Ms. Ahluwalia brought an action for statutory relief and also claimed damages for Mr. Ahluwalia’s conduct during the marriage. Justice Mandhane, the trial judge, awarded Ms. Ahluwalia $100,000 in compensatory and aggravated damages for the new tort of family violence. She also awarded an additional $50,000 in punitive damages for a total of $150,000 in damages. Benotto J.A., for the Court of Appeal, allowed the appeal in part and reduced the damage award by $50,000. The Court of Appeal declined to recognize the new torts of domestic violence or coercive control as defined in this case. Argued Date 2025-02-12 Keywords Family law – Tort of family violence – Was Justice Mandhane correct in recognizing a tort of family violence? 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).

Kuldeep Kaur Ahluwalia v. Amrit Pal Singh Ahluwalia (Day 2/2) (41061)

The parties were married in 1999 in India. During their sixteen years of marriage, they had two children. The trial judge found that Mr. Ahluwalia was abusive during the marriage. The trial judge accepted Ms. Ahluwalia’s evidence that the parties’ relationship was characterized by a pattern of emotional and physical abuse and financial control. Ms. Ahluwalia testified to three specific incidents of physical violence: in 2000, 2008, and 2013. Ms. Ahluwalia brought an action for statutory relief and also claimed damages for Mr. Ahluwalia’s conduct during the marriage. Justice Mandhane, the trial judge, awarded Ms. Ahluwalia $100,000 in compensatory and aggravated damages for the new tort of family violence. She also awarded an additional $50,000 in punitive damages for a total of $150,000 in damages. Benotto J.A., for the Court of Appeal, allowed the appeal in part and reduced the damage award by $50,000. The Court of Appeal declined to recognize the new torts of domestic violence or coercive control as defined in this case. Argued Date 2025-02-12 Keywords Family law – Tort of family violence – Was Justice Mandhane correct in recognizing a tort of family violence? 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).

Kuldeep Kaur Ahluwalia v. Amrit Pal Singh Ahluwalia (Day 1/2) (41061)

The parties were married in 1999 in India. During their sixteen years of marriage, they had two children. The trial judge found that Mr. Ahluwalia was abusive during the marriage. The trial judge accepted Ms. Ahluwalia’s evidence that the parties’ relationship was characterized by a pattern of emotional and physical abuse and financial control. Ms. Ahluwalia testified to three specific incidents of physical violence: in 2000, 2008, and 2013. Ms. Ahluwalia brought an action for statutory relief and also claimed damages for Mr. Ahluwalia’s conduct during the marriage. Justice Mandhane, the trial judge, awarded Ms. Ahluwalia $100,000 in compensatory and aggravated damages for the new tort of family violence. She also awarded an additional $50,000 in punitive damages for a total of $150,000 in damages. Benotto J.A., for the Court of Appeal, allowed the appeal in part and reduced the damage award by $50,000. The Court of Appeal declined to recognize the new torts of domestic violence or coercive control as defined in this case. Argued Date 2025-02-11 Keywords Family law – Tort of family violence – Was Justice Mandhane correct in recognizing a tort of family violence? 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).

Kuldeep Kaur Ahluwalia v. Amrit Pal Singh Ahluwalia (Day 1/2) (41061)

The parties were married in 1999 in India. During their sixteen years of marriage, they had two children. The trial judge found that Mr. Ahluwalia was abusive during the marriage. The trial judge accepted Ms. Ahluwalia’s evidence that the parties’ relationship was characterized by a pattern of emotional and physical abuse and financial control. Ms. Ahluwalia testified to three specific incidents of physical violence: in 2000, 2008, and 2013. Ms. Ahluwalia brought an action for statutory relief and also claimed damages for Mr. Ahluwalia’s conduct during the marriage. Justice Mandhane, the trial judge, awarded Ms. Ahluwalia $100,000 in compensatory and aggravated damages for the new tort of family violence. She also awarded an additional $50,000 in punitive damages for a total of $150,000 in damages. Benotto J.A., for the Court of Appeal, allowed the appeal in part and reduced the damage award by $50,000. The Court of Appeal declined to recognize the new torts of domestic violence or coercive control as defined in this case. Argued Date 2025-02-11 Keywords Family law – Tort of family violence – Was Justice Mandhane correct in recognizing a tort of family violence? 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).

Ville de Sainte-Julie v. Investissements Laroda Inc. (41036)

In the 1990s, Promotion M.G. Larochelle inc. (Promotion M.G.) was involved in real estate development in Ville de Sainte-Julie (City), the applicant/cross respondent. In December 2000, the total area of Promotion M.G.’s real estate projects was 760,926.3 m2. The municipal by law on parks and playgrounds required 76,092.63 m2, that is, 10% of that area, to be transferred free of charge to the City. However, Promotion M.G. had already transferred 3,898.27 m2 in excess to the City. In February 2001, the City and Promotion M.G. signed an agreement (Agreement) regarding land transfers for the purposes of parks or playgrounds. The Agreement included an undertaking by Promotion M.G. to transfer land with an area of 45,615 m2 to the City, 50% of that area (22,807.5 m2) being applicable, along with the 3,898.27 m2 already transferred in excess, to the creation of a total [TRANSLATION] “area bank” of 26,705.78 m2. The creation of that bank allowed the City to avoid having to compensate Promotion M.G. in money for the excess area transferred. In fact, the parties expressly agreed that the bank was to be applied in compensation for park fees to be paid to the City in the context of future real estate development by Promotion M.G. or companies related to it in the City. While at the time Promotion M.G. did not have any land to develop in the City, a company related to it, the respondent/cross applicant, Les Investissements Laroda inc. (Laroda), owned lots located in an agricultural zone that it intended to develop for real estate purposes. On two occasions, that is, in 2004 and 2008, the City filed an application with the Commission de protection du territoire agricole du Québec (CPTAQ) to have part of the sector (called “Du Moulin”) where Lorada’s lots were located excluded from the agricultural zone, and each time, the application was rejected. The Administrative Tribunal of Québec dismissed the appeal from CPTAQ’s last decision in 2011. In December 2015, Laroda, which, since 2010, had had all the rights, titles and interest that belonged to Promotion M.G., sent a letter, through its representative, Éric Larochelle, to the City’s mayor requesting that she make it a monetary offer that corresponded to the present value of the area included in the bank provided for in the Agreement. After talks broke down, Laroda filed an originating application against the City asking the court to fix a term for the Agreement and to order the City to pay damages. The Superior Court dismissed the originating application and the Court of Appeal allowed the appeal. Argued Date 2025-02-17 Keywords Contract — Transaction — Novation — Modalities of obligation — Compensatory prestation — Prescription of right of action — Insofar as Agreement P 5 dated February 19, 2001, constitutes transaction, whether Court of Appeal erred in not finding it to have novatory if not declaratory nature that modified pre existing obligations of parties — Whether Court of Appeal could order restitution of prestations where no situation set out in art. 1699 of Civil Code of Québec was alleged or proven and where parties had signed notarial acts by which Les Investissements Laroda transferred surplus parks free of charge — Whether Court of Appeal, in interpreting Agreement P-5, erred in characterizing City’s obligation to reimburse as being obligation with term; if not, whether it could simultaneously apply arts. 1510 and 1512 of Civil Code of Québec with direct effect on prescriptive period — Whether Court of Appeal erred in failing to apply performance by equivalence regime in context of this case after having previously recognized that City’s obligation had become exigible — Civil Code of Québec, arts. 1497, 1508, 1510, 1512, 1660, 1699, 1700, 2631, 2925. 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).

Ville de Sainte-Julie v. Investissements Laroda Inc. (41036)

In the 1990s, Promotion M.G. Larochelle inc. (Promotion M.G.) was involved in real estate development in Ville de Sainte-Julie (City), the applicant/cross respondent. In December 2000, the total area of Promotion M.G.’s real estate projects was 760,926.3 m2. The municipal by law on parks and playgrounds required 76,092.63 m2, that is, 10% of that area, to be transferred free of charge to the City. However, Promotion M.G. had already transferred 3,898.27 m2 in excess to the City. In February 2001, the City and Promotion M.G. signed an agreement (Agreement) regarding land transfers for the purposes of parks or playgrounds. The Agreement included an undertaking by Promotion M.G. to transfer land with an area of 45,615 m2 to the City, 50% of that area (22,807.5 m2) being applicable, along with the 3,898.27 m2 already transferred in excess, to the creation of a total [TRANSLATION] “area bank” of 26,705.78 m2. The creation of that bank allowed the City to avoid having to compensate Promotion M.G. in money for the excess area transferred. In fact, the parties expressly agreed that the bank was to be applied in compensation for park fees to be paid to the City in the context of future real estate development by Promotion M.G. or companies related to it in the City. While at the time Promotion M.G. did not have any land to develop in the City, a company related to it, the respondent/cross applicant, Les Investissements Laroda inc. (Laroda), owned lots located in an agricultural zone that it intended to develop for real estate purposes. On two occasions, that is, in 2004 and 2008, the City filed an application with the Commission de protection du territoire agricole du Québec (CPTAQ) to have part of the sector (called “Du Moulin”) where Lorada’s lots were located excluded from the agricultural zone, and each time, the application was rejected. The Administrative Tribunal of Québec dismissed the appeal from CPTAQ’s last decision in 2011. In December 2015, Laroda, which, since 2010, had had all the rights, titles and interest that belonged to Promotion M.G., sent a letter, through its representative, Éric Larochelle, to the City’s mayor requesting that she make it a monetary offer that corresponded to the present value of the area included in the bank provided for in the Agreement. After talks broke down, Laroda filed an originating application against the City asking the court to fix a term for the Agreement and to order the City to pay damages. The Superior Court dismissed the originating application and the Court of Appeal allowed the appeal. Argued Date 2025-02-17 Keywords Contract — Transaction — Novation — Modalities of obligation — Compensatory prestation — Prescription of right of action — Insofar as Agreement P 5 dated February 19, 2001, constitutes transaction, whether Court of Appeal erred in not finding it to have novatory if not declaratory nature that modified pre existing obligations of parties — Whether Court of Appeal could order restitution of prestations where no situation set out in art. 1699 of Civil Code of Québec was alleged or proven and where parties had signed notarial acts by which Les Investissements Laroda transferred surplus parks free of charge — Whether Court of Appeal, in interpreting Agreement P-5, erred in characterizing City’s obligation to reimburse as being obligation with term; if not, whether it could simultaneously apply arts. 1510 and 1512 of Civil Code of Québec with direct effect on prescriptive period — Whether Court of Appeal erred in failing to apply performance by equivalence regime in context of this case after having previously recognized that City’s obligation had become exigible — Civil Code of Québec, arts. 1497, 1508, 1510, 1512, 1660, 1699, 1700, 2631, 2925. 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).

His Majesty the King v. Enrico Di Paola (40777)

The respondent, Enrico Di-Paola, is a construction contractor committed for trial on four charges related to a corruption and fraud matter involving an official with whom he was doing business and with whom he had a friendship. The day before his trial, Mr. Di-Paola entered into a negotiated agreement with the prosecutor to plead guilty to a charge of having conferred a benefit on an official while having dealings with the government and without the written consent of the official’s superior (s. 121(1)(b)), and the prosecutor dropped the more serious charges. The prosecutor amended the indictment in accordance with the agreement. Following the guilty plea, the Superior Court imposed a 15-month conditional sentence of imprisonment on Mr. Di-Paola. The judge accepted as one of the aggravating factors the fact that Mr. Di-Paola had conferred advantages and benefits on the official in consideration of the awarding of lucrative contracts by the official. The Court of Appeal reduced the length of the conditional sentence of imprisonment imposed on Mr. Di-Paola from 15 months to 6 months, finding that the trial judge had erred in principle in accepting aggravating facts associated with another charge that had previously been laid and that had not been carried over in accordance with the agreement entered into between the parties. Argued Date 2025-02-13 Keywords Criminal law — Sentencing — Consideration of facts forming part of circumstances of offence — Agreement entered into by prosecutor and accused regarding guilty plea — Whether evidence of facts that demonstrate offence with which offender was initially charged, but which is no longer pending and for which there was no verdict, is admissible as aggravating factor for sentencing pursuant to s. 725(1)(c) of Criminal Code — What are duties of fairness of prosecutor who intends to use s. 725(1)(c) of Criminal Code to prove such offence as aggravating factor in sentencing following guilty plea? — Criminal Code, R.S.C. 1985, c. C-46, s. 725(1)(c). Notes (Quebec) (Criminal) (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).

His Majesty the King v. Enrico Di Paola (40777)

The respondent, Enrico Di-Paola, is a construction contractor committed for trial on four charges related to a corruption and fraud matter involving an official with whom he was doing business and with whom he had a friendship. The day before his trial, Mr. Di-Paola entered into a negotiated agreement with the prosecutor to plead guilty to a charge of having conferred a benefit on an official while having dealings with the government and without the written consent of the official’s superior (s. 121(1)(b)), and the prosecutor dropped the more serious charges. The prosecutor amended the indictment in accordance with the agreement. Following the guilty plea, the Superior Court imposed a 15-month conditional sentence of imprisonment on Mr. Di-Paola. The judge accepted as one of the aggravating factors the fact that Mr. Di-Paola had conferred advantages and benefits on the official in consideration of the awarding of lucrative contracts by the official. The Court of Appeal reduced the length of the conditional sentence of imprisonment imposed on Mr. Di-Paola from 15 months to 6 months, finding that the trial judge had erred in principle in accepting aggravating facts associated with another charge that had previously been laid and that had not been carried over in accordance with the agreement entered into between the parties. Argued Date 2025-02-13 Keywords Criminal law — Sentencing — Consideration of facts forming part of circumstances of offence — Agreement entered into by prosecutor and accused regarding guilty plea — Whether evidence of facts that demonstrate offence with which offender was initially charged, but which is no longer pending and for which there was no verdict, is admissible as aggravating factor for sentencing pursuant to s. 725(1)(c) of Criminal Code — What are duties of fairness of prosecutor who intends to use s. 725(1)(c) of Criminal Code to prove such offence as aggravating factor in sentencing following guilty plea? — Criminal Code, R.S.C. 1985, c. C-46, s. 725(1)(c). 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).

Awale Hussein v. His Majesty the King (41015)

After friends spent a night drinking heavily in a basement apartment, Mr. Boucher was fatally stabbed multiple times in a bedroom. No one witnessed the stabbing. Mr. Hussein was charged with second degree murder and tried before a jury. He testified at trial. Defence counsel brought an application to prevent or restrict the Crown from cross-examining Mr. Hussein on his extensive criminal record. The trial judge dismissed the application. In cross-examination of Mr. Hussein, Crown counsel raised his criminal record. The trial judge instructed the jury on the use it could make of Mr. Hussein’s criminal record. The jury convicted Mr. Hussein of second degree murder. The Court of Appeal dismissed an appeal from the conviction. Argued Date 2025-01-23 Keywords Criminal law — Evidence — Prior convictions — Should the test for admitting a testifying accused’s criminal record into evidence at trial be modified and if so, what is the appropriate test — Whether the trial judge erred in failing to exclude the accused’s criminal record? Notes (Ontario) (Criminal) (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).

Awale Hussein v. His Majesty the King (41015)

After friends spent a night drinking heavily in a basement apartment, Mr. Boucher was fatally stabbed multiple times in a bedroom. No one witnessed the stabbing. Mr. Hussein was charged with second degree murder and tried before a jury. He testified at trial. Defence counsel brought an application to prevent or restrict the Crown from cross-examining Mr. Hussein on his extensive criminal record. The trial judge dismissed the application. In cross-examination of Mr. Hussein, Crown counsel raised his criminal record. The trial judge instructed the jury on the use it could make of Mr. Hussein’s criminal record. The jury convicted Mr. Hussein of second degree murder. The Court of Appeal dismissed an appeal from the conviction. Argued Date 2025-01-23 Keywords Criminal law — Evidence — Prior convictions — Should the test for admitting a testifying accused’s criminal record into evidence at trial be modified and if so, what is the appropriate test — Whether the trial judge erred in failing to exclude the accused’s criminal record? 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).