Reasons of the Supreme Court of Canada by Justice Gascon

The following is a list of Supreme Court of Canada opinions written by Clément Gascon during his tenure on the Court.

2015
Statistics
6
 Majority or Plurality
0
 Concurrence
0
 Other
2
 Dissent
0
 Concurrence/dissent Total = 8
Written opinions = 8 Oral opinions = 0 Unanimous decisions = 2
Case nameIssueCo-authored byJoined by
Quebec (AG) v Canada (AG)
2015 SCC 14 		Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867 LeBel and Wagner JJ Abella J
Mouvement laïque québécois v Saguenay (City)
2015 SCC 16 		Whether practice of members of municipal council regulated by a by-law and that consists of reciting prayer at start of each meeting of council is in breach of principle of religious neutrality of state and results in discriminatory interference with freedom of conscience and religion under the Quebec Charter of Human Rights and Freedoms; Whether a decision of the Quebec Human Rights Tribunal is subject to standards of review applicable to judicial review proceedings or to appellate standards – McLachlin CJ and LeBel, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ
Hinse v Canada (AG)
2015 SCC 35 		Crown's power of mercy vested in the federal Minister of Justice under the Criminal Code; Standard of fault applicable to Minister's refusal to exercise Crown's power of mercy; Whether, in the case of abuse of process and where there is pro bono agreement, damages can be awarded in Quebec in respect of extrajudicial fees in order to compensate a party who has suffered damages resulting from the fault of another party Wagner J Unanimous
Chevron Corp v Yaiguaje
2015 SCC 42 		Private international law – Whether courts have jurisdiction over foreign judgment debtor's subsidiary when the subsidiary is a third party to the judgment for which recognition and enforcement is sought – Unanimous
Saskatchewan (AG) v Lemare Lake Logging Ltd
2015 SCC 53 		Whether provincial The Saskatchewan Farm Security Act is constitutionally inoperative when an application is made to appoint a national receiver under the federal Bankruptcy and Insolvency Act, by reason of the doctrine of federal paramountcy Abella J Cromwell, Moldaver, Karakatsanis and Wagner JJ
Alberta (AG) v Moloney
2015 SCC 51 		Whether provincial Traffic Safety Act providing for the continued suspension of a debtor's driver's license and motor vehicle permits until payment of judgement debt is constitutionally inoperative by reason of the doctrine of federal paramountcy due to conflict with federal Bankruptcy and Insolvency Act – Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ
407 ETR Concession Co v Canada (Superintendent of Bankruptcy)
2015 SCC 52 		Whether provincial Highway 407 Act, 1998 providing for a continuing suspension of debtor's driver's permit until payment of toll debt is constitutionally inoperative by reason of the doctrine of federal paramountcy due to a conflict with the federal Bankruptcy and Insolvency Act – Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ
R v Lacasse
2015 SCC 64 		Sentencing and power of an appellate court – McLachlin CJ

2016

2016 statistics
9
 Majority or Plurality
1
 Concurrence
0
 Other
0
 Dissent
2
 Concurrence/dissent Total = 12
Written opinions = 12 Oral opinions = 0 Unanimous decisions = 5
Case nameIssueCo-authored byJoined by
Carter v Canada (AG)
2016 SCC 4 		Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5 Abella, Karakatsanis, Wagner and Côté JJ –
Commission scolaire de Laval v Syndicat de l'enseignement de la région de Laval
2016 SCC 8 		Judicial review of labour arbitration decisions – McLachlin CJ and Abella and Karakatsanis JJ
R v Lloyd
2016 SCC 13 		Cruel and unusual treatment or punishment in violation of s. 12 of the Charter Wagner and Brown JJ –
Heritage Capital Corp v Equitable Trust Co
2016 SCC 19 		Sale of real property Côté J Unanimous
Canada (National Revenue) v Thompson
2016 SCC 21 		Solicitor–client privilege and statutory requirement to provide information for purposes of income tax audit and enforcement Wagner J Unanimous
Canada (AG) v Chambre des notaires du Québec
2016 SCC 20 		Whether the Income Tax act and its definition of "solicitor–client privilege" infringes the right against unreasonable search and seizure guaranteed by s. 8 of the Charter Wagner J Unanimous
Rogers Communications Inc v Châteauguay (City of)
2016 SCC 23 		Division of powers: radiocommunications – –
Wilson v Atomic Energy of Canada Ltd
2016 SCC 29 		Unjust dismissal of non-unionized employees under the Canada Labour Code McLachlin CJ and Karakatsanis and Wagner JJ –
Lafortune v Financière agricole du Québec
2016 SCC 35 		Quebec government farm income stabilization program Wagner J Unanimous
Ferme Vi-ber inc v Financière agricole du Québec
2016 SCC 34 		Quebec government farm income stabilization program Wagner J McLachlin CJ and Abella, Cromwell and Karakatsanis JJ
Morasse v Nadeau-Dubois
2016 SCC 44 		Offence of contempt of court Abella J McLachlin CJ and Cromwell and Karakatsanis JJ
Lizotte v Aviva Insurance Co of Canada
2016 SCC 52 		Litigation privilege – Unanimous

2017

2017 statistics
11
 Majority or Plurality
0
 Concurrence
0
 Other
1
 Dissent
0
 Concurrence/dissent Total = 12
Written opinions = 11 Oral opinions = 1 Unanimous decisions = 4
Case nameIssueCo-authored byJoined by
Ostiguy v Allie
2017 SCC 22 		Real property rights – McLachlin CJ and Moldaver, Karakatsanis, Wagner and Brown JJ
Lajeunesse (Re)
2017 SCC 23 		Constitutional law – Right to strike – Unanimous (oral)
Quebec (Director of Criminal and Penal Prosecutions) v Jodoin
2017 SCC 26 		Awarding of costs against a lawyer personally – McLachlin CJ and Moldaver, Karakatsanis, Wagner, Brown and Rowe JJ
Pellerin Savitz LLP v Guindon
2017 SCC 29 		Action for recovery of a lawyer's professional fees – Unanimous
Stewart v Elk Valley Coal Corp
2017 SCC 30 		Discrimination based on mental and physical disability – –
Teal Cedar Products Ltd v British Columbia
2017 SCC 32 		Standard of review of commercial arbitration awards – McLachlin CJ and Abella, Karakatsanis and Wagner JJ
Douez v Facebook, Inc
2017 SCC 33 		Private intentional law – Jurisdiction Karakatsanis and Wagner JJ –
R v George
2017 SCC 38 		Defence of mistake of age in sexual assault charges – Unanimous
Quebec (AG) v Guérin
2017 SCC 42 		Standard of review of arbitration decisions Wagner J McLachlin CJ and Karakatsanis J
Uniprix inc v Gestion Gosselin et Bérubé inc
2017 SCC 43 		Contract interpretation and renewal clauses Wagner J Abella, Moldaver, Karakatsanis and Brown JJ
Canada (AG) v Thouin
2017 SCC 46 		Civil procedure and immunity Brown J Unanimous
Deloitte & Touche v Livent Inc (Receiver of)
2017 SCC 63 		Tort of negligence; duty of care and negligent misrepresentation by auditor Brown J Karakatsanis and Rowe JJ

* Note: This list is current to November 5, 2016

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