Supreme Court of Canada Hearings (Floor Audio)

01:05:14

Yves Caleb Jr. Charles v. His Majesty the King (40319)

Supreme Court of Canada Hearings (Floor Audio) ·

2024/02/12

After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and

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02:17:28

Canadian Broadcasting Corporation, et al. v. His...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/12

(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) On March 23, 2022, the Quebec Court of Appeal issued a redacted version of its reasons, which it had originally delivered on February 28, 2022, allowing the respondent Named Person’s conviction appeal and staying the criminal proceedings brought against Named Person, a police informer. The trial judgment under appeal had not been made public, and all the details of the proceedings, which were held in camera,

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04:09:42

Attorney General of Canada v. Joseph Power (40241)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/08

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 working in his chosen field. However, two enactments since 2010 — the Limiting Pardons for Serious Crimes Act

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02:57:55

Thalbinder Singh Poonian, et al. v. British Columbia...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/08

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 Poonians. The Commission applied to the BCSC for an order declaring that the amounts owed to it by

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02:30:17

John Aquino, et al. v. Ernst & Young Inc., in its...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/06

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 invoicing scheme and sought to recover some of the money under s. 96 of the Bankruptcy and Insolvency

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02:29:19

Franck Yvan Tayo Tompouba v. His Majesty the King...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/05

(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 error, but it applied the curative proviso to dismiss his appeal. It held that the right provided for in

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03:29:46

York Region District School Board v. Elementary...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 assessing private digital information without reasonable cause and using that information as the basis for

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02:38:10

Eurobank Ergasias S.A., et al. v. Bombardier inc., et...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 liquidated damages if the Offsets contract was not fulfilled, which was secured by a letter of guarantee

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03:20:37

Ummugulsum Yatar v. TD Insurance Meloche Monnex, et...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 maintenance benefits. Several months after that, TD denied her IRB claim. Ms. Yatar brought an application

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01:00:06

Don Johnson v. His Majesty the King (40330)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 evidentiary foundation to leave the route of party liability with the jury, as there was no air of reality

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02:41:11

City of St. John’s v. Wallace Lynch, et al. (40302)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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, agricultural, forestry or public utility uses the property could be put to. They were informed verbally that no

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02:13:20

Dow Chemical Canada ULC v. His Majesty the King (40276)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 decision, but it was unclear whether the Tax Court or Federal Court had jurisdiction to do so. The parties put

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02:04:56

Earthco Soil Mixtures Inc. v. Pine Valley Enterprises...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 its right to testing, Earthco would not be responsible for the “quality” of the material. Pine Valley

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03:03:00

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

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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

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02:28:27

Attorney General of Ontario, et al. v. Mike Restoule,...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 Order-in-Council declared them ratified and confirmed. In 1875, the annuity was increased to $4 (£1) per

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03:11:51

Attorney General of Ontario, et al. v. Mike Restoule,...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

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 Order-in-Council declared them ratified and confirmed. In 1875, the annuity was increased to $4 (£1) per

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02:10:26

Leading Seaman C.D. Edwards, et al. v. His Majesty...

Supreme Court of Canada Hearings (Floor Audio) ·

2023/12/03

(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 Freedoms. They argued that their right was infringed by an order by the Chief of Defence Staff dated

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01:05:18

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

Supreme Court of Canada Hearings (Floor Audio) ·

2023/05/19

(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

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10:29:08

His Majesty the King v. Edwin Tsang (40447)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/05/18

(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

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10:29:08

His Majesty the King v. Christopher James Kruk (40095)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/05/18

(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 -

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