What Will Justice Nadon’s Appointment Bring To The Supreme Court?

Background

Earlier this week, the Prime Minister surprised many Supreme Court-watchers by nominating the Honourable Marc Nadon to replace Justice Fish at the Supreme Court of Canada. Given this recent appointment, the Canadian Appeals Monitor has taken a look at Nadon J.'s jurisprudential legacy to date and identified key cases which illustrate his judicial leanings, especially as it applies to Canadian businesses and professions. The Canadian Appeals Monitor has also looked at some of the cases that Nadon has argued to get better insights into what kind of judge he is likely to be in the Supreme Court. 

In reviewing the cases noted below, the following themes emerge:

• Nadon J. is focused on clear parliamentary intention and is deferential to parliament, even when he does not agree with the legislator¹;