Supreme Court of Canada Hearings

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 o...

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 o...

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 o...

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 o...

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....

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....

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 whil...

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 whil...

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. T...

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. T...

The appellants, the Attorney General of Quebec and His Majesty the King, obtained leave to appeal to the Supreme Court from the declaration of unconstitutionality made by the Quebec Court of Appeal pursuant to s. 52(1) of the Constitution Act, 1982 with respect to the mandatory minimum sentences of 12 months’ imprisonment provided for in s. 163.1(4)(a) and (4.1)(a) of the Criminal Code. According...

The appellants, the Attorney General of Quebec and His Majesty the King, obtained leave to appeal to the Supreme Court from the declaration of unconstitutionality made by the Quebec Court of Appeal pursuant to s. 52(1) of the Constitution Act, 1982 with respect to the mandatory minimum sentences of 12 months’ imprisonment provided for in s. 163.1(4)(a) and (4.1)(a) of the Criminal Code. According...

(PUBLICATION BAN IN CASE) Following their trial, the appellants, Mikhail Kloubakov and Hicham Moustaine, were convicted of obtaining a material benefit from sexual services (s. 286.2(1) of the Criminal Code) and of procuring, as parties (s. 286.3(1) of the Criminal Code). However, after entering the convictions, the trial judge determined that the provisions in question were overbroad and that the...

(PUBLICATION BAN IN CASE) Following their trial, the appellants, Mikhail Kloubakov and Hicham Moustaine, were convicted of obtaining a material benefit from sexual services (s. 286.2(1) of the Criminal Code) and of procuring, as parties (s. 286.3(1) of the Criminal Code). However, after entering the convictions, the trial judge determined that the provisions in question were overbroad and that the...

The appellants are owners of a residential property in the City of Toronto. They sought an order for adverse possession of a parcel of City parkland that their predecessors in title had fenced off with a chain link fence and enclosed into their backyard. The City acknowledged that the appellants’ evidence satisfied the traditional test for adverse possession. The issue was whether the disputed lan...

The appellants are owners of a residential property in the City of Toronto. They sought an order for adverse possession of a parcel of City parkland that their predecessors in title had fenced off with a chain link fence and enclosed into their backyard. The City acknowledged that the appellants’ evidence satisfied the traditional test for adverse possession. The issue was whether the disputed lan...

The respondent, Dov Markowich, is a shareholder of the appellant, Lundin Mining Corporation (“Lundin”). He sought leave under s. 138.8 of Ontario’s Securities Act, to bring a statutory cause of action against Lundin and its officers and directors for Lundin’s alleged failure to make timely disclosure of pit wall instability and a subsequent rockslide at a mine in Chile (“events”). He also sought t...

The respondent, Dov Markowich, is a shareholder of the appellant, Lundin Mining Corporation (“Lundin”). He sought leave under s. 138.8 of Ontario’s Securities Act, to bring a statutory cause of action against Lundin and its officers and directors for Lundin’s alleged failure to make timely disclosure of pit wall instability and a subsequent rockslide at a mine in Chile (“events”). He also sought t...

Section 4.1(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, provides that no person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of the offence of simple possession of a controlled substance if the evidence in support of that offence was obtained or discovered a...

Section 4.1(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, provides that no person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of the offence of simple possession of a controlled substance if the evidence in support of that offence was obtained or discovered a...

(PUBLICATION BAN IN CASE) The appellant, an Indigenous man with significant cognitive difficulties, repeatedly sexually assaulted a worker at the group home where he resided. He remained in custody pending trial, including a period of detention in a psychiatric facility while temporarily unfit to stand trial. After resiling from three agreements to plead guilty, the appellant did so the fourth tim...

(PUBLICATION BAN IN CASE) The appellant, an Indigenous man with significant cognitive difficulties, repeatedly sexually assaulted a worker at the group home where he resided. He remained in custody pending trial, including a period of detention in a psychiatric facility while temporarily unfit to stand trial. After resiling from three agreements to plead guilty, the appellant did so the fourth tim...

(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) The appellant, Tammy Marion Bouvette, was babysitting a 19-month old baby who died while having a bath. An autopsy was conducted by Dr. Evan Matshes. The appellant was charged with second degree murder. The appellant pleaded guilty to criminal negligence causing death. The British Columbia Court of Appeal concluded that a body of re...

(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) The appellant, Tammy Marion Bouvette, was babysitting a 19-month old baby who died while having a bath. An autopsy was conducted by Dr. Evan Matshes. The appellant was charged with second degree murder. The appellant pleaded guilty to criminal negligence causing death. The British Columbia Court of Appeal concluded that a body of re...

The appellant, Opsis Airport Services Inc., is a federal company that operates the emergency call dispatch centre at Pierre Elliot Trudeau International Airport. The respondent the Director of Criminal and Penal Prosecutions charged Opsis with operating an enterprise that carried on private security activities without holding an agency licence of the appropriate class, contrary to ss. 4 and 114 of...