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ARTICLE · 15 APRIL 2013

This Week At The SCC (05/04/2013)

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This week, the Supreme Court issued two judgments of interest to Canadian businesses and professions.

CanadaLitigation, Mediation & Arbitration
Kirsten Thompson
Kirsten Thompson
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This week, the Supreme Court issued two judgments of interest to Canadian businesses and professions. In Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, the Court reaffirmed the test for the exercise of discretion in applying issue estoppel. In Ediger v. Johnston, 2013 SCC 18 , a medical malpractice case, the Court discussed the standard of care and causation.

In Penner, Mr. Penner was arrested during a courtroom disturbance, which resulted in proceedings under the police disciplinary process. A hearing officer ultimately dismissed Mr. Penner's complaint. Mr. Penner then commenced a civil action against the same parties. The respondents moved to strike Mr. Penner's Statement of Claim by way of issue estoppel. Despite the test of issue estoppel having been a met, a court nonetheless retains discretion to not apply the doctrine if to do so would result in unfairness or injustice.

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