Brandon Wiener

The appellant newspaper appealed orders compelling its journalist to answer questions that could reveal a confidential source, and a publication ban on reporting settlement negotiations in the Sponsorship Scandal litigation.

The Supreme Court of Canada held that while no class-based constitutional privilege exists for journalists, the common law Wigmore framework applies in Quebec civil proceedings to determine journalist-source privilege on a case-by-case basis.

The Court also quashed the publication ban, finding it was improperly issued without notice and failed the Dagenais/Mentuck test, as the media was not bound by the parties' confidentiality undertakings.

The parties entered into a corollary relief agreement during their civil divorce, which included a commitment to appear before rabbinical authorities to obtain a Jewish religious divorce (get).

The respondent husband refused to provide the get for 15 years.

The appellant wife sued for damages for breach of contract.

The Supreme Court of Canada held that the agreement was a valid and binding civil obligation under Quebec law.

The Court further held that the husband could not rely on his freedom of religion to avoid paying damages, as the harm caused to the wife and the public interest in enforcing valid contracts and protecting equality rights outweighed any infringement on his religious freedom.

The trial judge's award of $47,500 in damages was restored.

The appellant, a non-resident of Quebec, retired from an accounting partnership and received a retirement allowance.

The province of Quebec assessed tax on a portion of the allowance equivalent to the percentage of the partnership's total income earned in the province.

The appellant challenged the assessment, arguing the taxing provisions exceeded the province's constitutional authority under s. 92(2) of the Constitution Act, 1867.

The Supreme Court of Canada dismissed the appeal, holding that the retirement allowance constituted a share of the partnership's business income earned in Quebec, and the province validly exercised its taxing power.