Whether separate labour relations legislation governing agricultural workers in Ontario infringes freedom of association under s. 2(d) of the Charter by failing to establish a meaningful process of collective bargaining
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Charron J
Sharbern Holding Inc v Vancouver Airport Centre Ltd 2011 SCC 23 [4]
Purchasers of strata units in each hotel entering into different arrangements with developer, with one purchaser not being informed of different financial arrangements offered to the other, and whether the developer is liable under provincial statute for misrepresentation for material false statements — Whether developer is liable for same at common law for tort of negligent misrepresentation — Whether developer owed a fiduciary duty to purchaser
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Unanimous
Masterpiece Inc v Alavida Lifestyles Inc 2011 SCC 27 [5]
Trademarks and confusion — Whether location where trademark is used is relevant to confusion analysis — What considerations are applicable in assessment of resemblance between proposed use trademark and existing unregistered trademark — How nature and cost of wares or services affects confusion analysis — Use of expert evidence in confusion analysis
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Unanimous
Alberta (Information and Privacy Commissioner) v Alberta Teachers' Association 2011 SCC 61 [6]
Whether a matter that was not raised at a tribunal may be judicially reviewed — Whether a tribunal's decision relating to the interpretation of its home statute or statutes closely connected to its functions is reviewable on a standard of reasonableness or correctness
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McLachlin CJ and LeBel, Fish, Abella and Charron JJ
Husband applying to terminate spousal support order on basis of his retirement and the market downturn, and whether the husband had established there had been a material change in circumstances since the original support order
The proper approach to an application for variation of spousal support order under section 17(4.1) of the Divorce Act where support terms of agreement have been incorporated into an order
Taxation and whether acquisition and construction of transit facilities constitutes and exempt supply, a taxable supply or both
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Unanimous
Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 35 [12]
Intellectual property and the whether streaming of files from the Internet triggered by individual users constitutes communication "to the public" of the musical workers contained therein by online music services who make the files available for streaming
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McLachlin CJ and LeBel, Deschamps, Fish, Cromwell, Moldaver and Karakatsanis JJ
Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada 2012 SCC 34 [13]
Intellectual property and whether the transmission of musical works contained in a video game through an Internet download is a communication "to the public" under the federal Copyright Act
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LeBel, Fish and Cromwell JJ
Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) 2012 SCC 37 [14]
Intellectual property; Teachers making photocopies of excerpts of textbooks and other copyrighted works to distribute to students as part of class instruction, and whether elementary and secondary schools can claim the benefit of "fair dealing" exemption for copies of works made at teachers' initiative with instructive to students that they read the material
Application to have federal election result annulled on the basis of "irregularities... that affected the result of the election" under s. 531(2) of the Canada Elections Act
Moldaver J
Deschamps and Abella JJ
Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168 2012 SCC 68 [18]
Whether the Canadian Radio-television and Telecommunications Commission has jurisdiction under the federal Broadcast Act to implement a policy empowering private local television stations to negotiate direct compensation for retransmission of signals by cable and satellite companies, as well well as the right to prohibit such undertakings from retransmitting those signals if negotiations are unsuccessful
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McLachlin CJ and LeBel, Fish and Moldaver
Professional Institute of the Public Service of Canada v Canada (AG) 2012 SCC 71 [19]
Pensions – Whether the federal government, as administrators of pension plan, owe a fiduciary duty to plan members; Whether superannuation accounts contain assets
Taxation – Amalgamating credit unions seeking to avoid flow-through of certain tax attributes to double claim capital cost allowance and reset preferred rate amount
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McLachlin CJ and LeBel, Moldaver, Karakatsanis and Wagner JJ
British Columbia (Forests) v Teal Cedar Products Ltd 2013 SCC 51 [28]
Commercial arbitration and compensation for expropriation
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Unanimous
Sun-Rype Products Ltd v Archer Daniels Midland Co 2013 SCC 58 [29]
Civil procedure – Certification of class actions
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McLachlin CJ and LeBel, Fish, Abella, Moldaver and Wagner JJ
Pro-Sys Consultants Ltd v Microsoft Corp 2013 SCC 57 [30]
Mounted Police Association of Ontario v Ontario (AG) 2015 SCC 1 [47]
Right to collective bargaining under s. 2(d) of the Charter; Whether impugned legislation excluding RCMP members from public services labour relations regime substantially interferes with the right to a meaningful process of collective bargaining
Whether the statutory limit on wages increases in the public sector under the Expenditure Restraint Act infringes claimants' rights to a meaningful process of collective bargaining under s. 2(d) of the Charter
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Tervita Corp v Canada (Commissioner of Competition 2015 SCC 3 [49]
Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies
Whether a right to strike is protected by freedom of association under s. 2(d) of the Charter; Whether prohibition on essential employees participating in strike action amounts to substantial interference with a meaningful process of collective bargaining
Whether photographs of the accused taken days after the alleged offence are admissible; Whether trial judge erred in jury instructions by referring to a witness' account of a conversation with the accused as a confession
Whether proceedings under s. 163.2 of the Income Tax Act imposing monetary penalties on every person who makes a false statement that could be used by another person for purposes under that Act are criminal in nature or lead to the imposition of true penal consequences; Whether an individual assessed for same penalties is a person "charged with an offence" within the meaning of s. 11 of the Charter
Cromwell J
Moldaver and Gascon JJ
Stuart Olson Dominion Construction Ltd v Structural Heavy Steel 2015 SCC 43 [53]
Relationship between lien and trust provisions in provincial legislation
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Unanimous
Ontario (Energy Board) v Ontario Power Generation Inc 2015 SCC 44 [54]
Whether Ontario Energy Board's utilities rate-setting decision to disallow $145 million in labour compensation costs related to utility's nuclear operations was a reasonable; Whether Ontario Energy Board acted improperly in pursuing appeal and in arguing in favour of the reasonableness of its own decision
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McLachlin CJ and Cromwell, Moldaver, Karakatsanis and Gascon JJ
ATCO Gas and Pipelines Ltd v Alberta (Utilities Commission) 2015 SCC 45 [55]
Whether Alberta Utilities Commission interpretation and exercise of its utilities rate-setting authority under the provincial Gas Utilities Act was reasonable; Whether regulatory framework under same prescribes certain methodology in assessing whether costs are prudent
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Unanimous
Canadian Broadcasting Corp v SODRAC 2003 Inc 2015 SCC 57 [56]
Intellectual property and copyright
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McLachlin CJ and Cromwell, Moldaver, Wagner, Gascon and Côté JJ
