Colin L. Campbell

The appellant appealed both conviction and sentence following a criminal prosecution.

The court upheld the trial judge's conclusion that the wiretap authorizations were valid, that the appellant was not “known” within the meaning of ss. 185 and 186 of the Criminal Code, and that the search warrant was properly granted.

On sentence, the respondent conceded error in principle in the trial judge's conclusion that a conditional sentence was unavailable for the offences in light of the governing Supreme Court authority.

Leave to appeal sentence was granted, the sentence appeal was allowed, and a conditional sentence with house arrest and community service conditions was imposed.

The Canadian Commercial Bank (CCB) faced a solvency crisis and received a $255 million advance from a support group consisting of governments and major banks.

When CCB was subsequently ordered to be wound up, the liquidator sought advice on whether the support group's claim for the advance should rank pari passu with other unsecured creditors or be postponed as a capital investment.

The Supreme Court of Canada held that the advance was in substance a loan, not a capital investment, despite having some equity features like warrants.

The Court also held that the loan did not fall within the postponement provision of the Partnerships Act because the lenders were not receiving a share of the profits, but rather repayment of a fixed debt out of profits.

Finally, the Court declined to apply the doctrine of equitable subordination, finding no inequitable conduct by the support group.

The appellants appealed a decision of the Federal Court of Appeal regarding the role of interveners before the Competition Tribunal.

The Supreme Court of Canada dismissed the appeal, with Lamer J. dissenting.

The majority adopted the reasons of the Federal Court of Appeal, holding that interveners may participate fully in the proceedings.