This Week At The SCC (17/05/2013)

Cases Heard

The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions, and reserved judgment in each.

The first involved two related appeals from Shoppers Drug Mart Inc. v. Ontario (Health and Long-Term Care), 2011 ONCA 830.As we discussed in a previous post, the appeals turn on whether Ontario can enact regulations prohibiting pharmacies from selling private-label generic drugs, or whether this may only be done by statute.The Supreme Court's decision is likely to address several interesting legal issues regarding the vires of subordinate legislation, including whether a statutory power to regulate includes a power to prohibit, the boundaries of the administrative law discrimination doctrine, and the presumption against interference with vested and commercial rights.The oral arguments before the Court may be viewed here and here, and the written arguments may be viewed here and here.

The second case was an appeal from Telecommunication Employees Association of Manitoba Inc. v. Manitoba Telecom Services Inc., 2012 MBCA 13.It involves a claim by the employees and retirees of a former Crown corporation, who went from being members of its statutory pension plan to members of its new private plan.The plaintiffs allege the employer used an initial pension surplus in a way contrary to the terms agreed upon by the parties.The oral arguments before the Court may be viewed here, and the written arguments may be viewed here.

The third appeal heard by the Supreme Court this week was from Ontario (Environment) v. Castonguay Blasting Ltd., 2012 ONCA 165, a case we also discussed in a previous post.The Castonguay appeal involves whether the discharge of contaminants into the natural environment must be reported under s. 15(1) of the Ontario Environmental Protection Act even if it does not cause a non-trivial adverse environmental effect, but results only in property damage.The Supreme Court's decision could have broad ramifications for businesses whose operations involve a...