Supreme Court of Canada Hearings

Respondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment. In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one. In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work. Mr. Power applied for a pardon — now called a record suspension — in 2013 in order to continue workin...

Respondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment. In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one. In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work. Mr. Power applied for a pardon — now called a record suspension — in 2013 in order to continue workin...

The respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgorgement order and an administrative penalty against...

The respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgorgement order and an administrative penalty against...

The appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debtor companies. The respondents challenged the false...

The appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debtor companies. The respondents challenged the false...

(PUBLICATION BAN IN CASE) Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an e...

(PUBLICATION BAN IN CASE) Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an e...

The private communications of two teachers, recorded on their personal, password-protected log were read and captured by screenshots taken by their school principal, and then used by the respondent school board (“Board”) to discipline them. The union filed a grievance against the written reprimand issued to the teachers (“Grievors”) claiming the Board violated the Grievors right to privacy by asse...

Bombardier inc. entered into a procurement contract with the respondent branch of the Greek government (HMOD) for ten firefighting amphibious aircraft. There was also an Offsets contract by which Bombardier committed to offset programs inviting Greek suppliers as subcontractors for the work, for a total credited value of 110% of the main contract. Bombardier was to pay up to 10% of this amount as...

Appellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits. About a year later, following insurance medical examinations, TD denied Ms. Yatar’s claim for housekeeping and home maintena...

The appellant, Don Johnson, was found guilty of two counts of first degree murder by a jury. The majority of the Court of Appeal for Ontario dismissed his appeal, finding that it was open to the trial judge to leave party liability with the jury. Nordheimer J.A., dissenting, would have allowed the appeal, set aside the conviction, and ordered a new trial. In his view, there was an insufficient evi...

In 1991, Newfoundland and Labrador reorganized its northeast Avalon municipalities, expanding St. John’s boundaries and triggering a new planning process for St. John’s. The Lynch property and others were zoned as “watershed” because they fall within the Broad Cove River Watershed, which feeds St. John’s municipal water supply. In 2011, the Lynches asked the City what sort of residential, agricult...

A corporate taxpayer requested that the Minister of National Revenue exercise her discretionary power under s. 247(10) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”) to adjust the value of a non-arm’s length transaction downward, which would, in turn, reduce the amount of the taxpayer’s assessment. The Minister declined to do so. The taxpayer wished to challenge the Minister’s decisi...

Pine Valley Enterprises Inc. contracted with Earthco Soil Mixtures Inc. 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 Pine Valley to test the soil prior to shipment, and that, if Pine Valley waived it...

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 Bloo...

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Orde...

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Orde...

(PUBLICATION BAN IN CASE) The appellants are members of the Canadian Armed Forces who had various charges laid against them. They each filed a preliminary application in the Court Martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by s. 11(d) of the Canadian Charter of Rights and Fre...

(PUBLICATION BAN IN CASE) The appellants are members of the Canadian Armed Forces who had various charges laid against them. They each filed a preliminary application in the Court Martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by s. 11(d) of the Canadian Charter of Rights and Fre...

In 1991, Newfoundland and Labrador reorganized its northeast Avalon municipalities, expanding St. John’s boundaries and triggering a new planning process for St. John’s. The Lynch property and others were zoned as “watershed” because they fall within the Broad Cove River Watershed, which feeds St. John’s municipal water supply. In 2011, the Lynches asked the City what sort of residential, agricult...

Appellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits. About a year later, following insurance medical examinations, TD denied Ms. Yatar’s claim for housekeeping and home maintena...

Bombardier inc. entered into a procurement contract with the respondent branch of the Greek government (HMOD) for ten firefighting amphibious aircraft. There was also an Offsets contract by which Bombardier committed to offset programs inviting Greek suppliers as subcontractors for the work, for a total credited value of 110% of the main contract. Bombardier was to pay up to 10% of this amount as...

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Orde...

A corporate taxpayer requested that the Minister of National Revenue exercise her discretionary power under s. 247(10) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”) to adjust the value of a non-arm’s length transaction downward, which would, in turn, reduce the amount of the taxpayer’s assessment. The Minister declined to do so. The taxpayer wished to challenge the Minister’s decisi...