On the Docket: Cases to Watch (Issue 2)

On the Docket: Cases to Watch features a collection of decisions, identified by our expert Research & Advisory team, that are important to keep top of mind as they offer significant legal insights and shape the evolving landscape of Canadian law.

This edition highlights the following cases:

• Auer v Auer: The Supreme Court of Canada confirmed that the Vavilov reasonableness standard applies to the review of subordinate legislation and rejected the highly deferential approach from Katz Group.
• TransAlta Generation Partnership v Alberta: The Supreme Court of Canada applied the reasonableness standard to the review of subordinate legislation in the context of a challenge alleging administrative discrimination.
• R v Sullivan: In a case several years old but worth highlighting, the Supreme Court of Canada addressed the principles of horizontal stare decisis and tightened its requirements.
• Buduchnist Credit Union Limited v 2321197 Ontario Inc: The Ontario Court of Appeal confirmed its broad jurisdiction to enforce court orders, including Mareva injunctions.
• 660 Sunningdale GP Inc v First Source Mortgage Corp: The Ontario Court of Appeal examined three often confused areas of law—penalty clauses, relief from forfeiture, and unconscionability—clarifying that the law of penalty clauses applies only to clauses triggered by a breach of contract.
• Algarawi v Berger: The Ontario Superior Court of Justice reaffirmed the law concerning the quality assurance privilege, providing clarity on its scope and application.