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ARTICLE · 14 FEBRUARY 2017

Looking Back – The 10 Most Important Appeals Of 2016

McCarthy Tétrault
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The Appeals Monitor is pleased to present our annual review of the most significant appellate decisions of the past year.

CanadaLitigation, Mediation & Arbitration

The Appeals Monitor is pleased to present our annual review of the most significant appellate decisions of the past year. From criminal law to contracts, 2016 was full of exciting developments and we hope that you, our reader, will enjoy these summaries.

Endean: Justice to Go

In Endean v British Columbia, 2016 SCC 42, the Supreme Court of Canada ("SCC") addressed whether superior court judges may sit outside their home provinces to hear and decide a motion about a pan-national class action settlement. Endean was at the top of our Appeals to Watch in 2016 list from last year. The lower court decisions were previously discussed here and the SCC decision discussed here.

The SCC held that superior court judges in Ontario and British Columbia have a discretionary statutory power under their respective class actions legislation to sit outside their home provinces. The approach "reflected the inherent authority of judges to control procedure", and served the

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