This Week At The SCC (10/06/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

This week the Supreme Court of Canada granted two leave applications and rejected another in cases concerning important evidentiary issues.

In Couche-Tard Inc. v. Jacques 2012 QCCA 2266 and Pétrolière Impériale v. Jacques 2012 QCCA 2265, the issue was whether the Quebec Superior Court was correct in ordering the Competition Bureau, a third party to the case, to provide to the parties to a class action recordings of communications intercepted and given to the accused in a previous criminal investigation. The Superior Court had ordered communication of the recordings subject to redaction to protect the privacy of third parties. The Quebec Court of Appeal refused leave to appeal the interlocutory judgment of the Superior Court indicating that the order was not one "that cannot be remedied by the final judgment". In particular, the court stated that a judgment rejecting an