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ARTICLE · 08 APRIL 2013

This Week at the SCC (22/03/2013)

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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

CanadaLitigation, Mediation & Arbitration
Hovsep Afarian
Hovsep Afarian
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A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

The Supreme Court of Canada heard arguments in a few cases likely to be of interest to Canadian businesses and professions.

In Sovereign General Insurance Company v. Autorité des marchés financiers, the Court was asked to consider whether s. 482 of Quebec's Act respecting the distribution of financial products and services (the "Act") – which prohibits an insurer from facilitating a contravention of the Act — creates a strict liability offence or requires proof of specific intent.The case arises from charges against Sovereign (who is authorized to offer insurance in Quebec) for using a broker who is not licenced in Quebec. My colleague, Rachel Laferriere, had previously written a post in respect of the Quebec Supreme Court decision.

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