Three Appeals At The Supreme Court Of Canada In The 2021 Fall Session

• Published date: 05 October 2021
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Constitutional & Administrative Law, Trials & Appeals & Compensation
• Law Firm: Bennett Jones LLP
• Author: Mr Ranjan Agarwal, Ethan Schiff and Stephanie Clark (Articling Student)

The Supreme Court of Canada Fall term begins now. While the court will be hearing mostly criminal law matters, in November, it will consider three cases that may interest the business community or organizations facing civil litigation:

• The Court will consider when an order of advance costs may be made in Anderson and Beaver Lake Cree Nation beneficiaries of Treaty No. 6 v Alberta (Attorney General), 2020 ABCA 238. The plaintiff First Nation alleges that the federal and provincial governments infringed the band's treaty rights by improperly allowing its lands to be used for industrial and resource development. The motion judge granted the plaintiff's motion for advance costs ordering each defendant to contribute $300,000. The Alberta Court of Appeal allowed the appeal, holding that the plaintiff did not meet the impecuniosity requirement of the test for advance costs...