The SCC Monitor (30/07/2015)

Following our last post, the Supreme Court has released its decision in Strickland v. Canada (Attorney General), 2015 SCC 37. The Court's decision in Strickland, referenced in more detail in this blog post, speaks to the circumstances in which a federal court can decline to exercise its jurisdiction to grant judicial review remedies. The appellants in Strickland sought a declaration that the Federal Child Support Guidelines were invalid and ultra vires the Divorce Act, R.S.C. 1985, c. 3. The Federal Court declined to exercise its jurisdiction holding that the matter should be brought before a provincial superior court. The Federal Court of Appeal and Supreme Court both upheld the Federal Court's decision. The Supreme Court held that provincial superior courts can grant judicial review relief against federal entities in appropriate circumstances. The Court also held that a court should decline to hear an application for judicial review if an adequate alternative remedy exists elsewhere, as was found to exist in the superior court in this instance.

In addition, the Supreme Court has recently released its judgment in a number of leave applications submitted to the Court of interest to Canadian businesses:

The Court has granted leave to appeal in Royal Bank of Canada v. Phat Trang et al. (36296), a case dealing with the application of the Personal Information and Electronic Documents Act, R.S.C. 2000, c. 5 ("PIPEDA") and the process by which in the absence of consent of the mortgagor, a third party judgment creditor should bring a motion to obtain a mortgage discharge statement from a mortgagee. RBC has a judgment against the Trangs, who own a property mortgaged to Scotiabank. The Sheriff refused to sell the property without a mortgage discharge statement. RBC sought to obtain this statement by examining the Trangs, who failed to appear. Thereafter, Scotiabank took the position that PIPEDA precluded it from disclosing the statement. RBC brought a motion to compel production by Scotiabank, which was dismissed. The Court of Appeal quashed RBC's appeal as the motion judge's order was interlocutory and found RBC should seek to examine Scotiabank pursuant to Rule 60.18(6)(1)(a) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. Scotiabank appeared voluntarily on examination and maintained its refusal to produce the statement. RBC brought a motion to compel production by Scotiabank but the Court of Appeal held that the failure to do so under...