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ARTICLE · 10 MARCH 2016

The SCC Monitor (04/03/16)

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Since our last post, most of the judgments and successful applications for leave decided by the Supreme Court have arisen from criminal cases.

CanadaLitigation, Mediation & Arbitration

Since our last post, most of the judgments and successful applications for leave decided by the Supreme Court have arisen from criminal cases. The most notable exception was the judgment in Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60, concerning secondary market class actions, which we have already covered in detail.

This post will cover the very brief judgment in Canadian Pacific Railway Co. v. Canada (Attorney General), 2016 SCC 1 and the successful application for leave to appeal from Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297.

The Easy Way Out? Canadian Pacific Railway Co. v. Canada (Attorney General)

This case was one of our most anticipated of 2016. We anticipated that the Supreme Court would give substantive reasons in this case, unlike the Federal Court of Appeal, which dismissed CPR's motion for leave to appeal without reasons. In particular, we were interested in how the Supreme Court would address the

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