James C. Tory

The appellants purchased two condominiums as tax-sheltered investments.

The vendor failed to convey title, and the appellants obtained an unpaid judgment against the vendor.

The appellants applied to the Ontario New Home Warranty Program for compensation.

The Program and the Commercial Registration Appeal Tribunal denied compensation for business and investment costs, allowing only land and construction costs, and deducted tax savings.

On appeal, the Divisional Court held that the appellants were entitled to compensation for the entire transaction, including service contracts integral to the condominium purchase, but agreed that tax savings must be deducted from the total financial loss.

The respondent newspaper challenged the constitutionality of s. 442(3) of the Criminal Code, which mandated a publication ban on the identity of a complainant in a sexual assault case upon request.

The Supreme Court of Canada held that while the mandatory ban infringed the freedom of the press under s. 2(b) of the Charter, it was a reasonable limit justified under s. 1.

The Court found that the objective of encouraging victims of sexual offences to come forward by protecting them from the trauma of publication was of pressing and substantial concern, and that a discretionary ban would not achieve this objective as it would deprive victims of certainty.

The Court also held that the provision did not infringe the accused's right to a public hearing under s. 11(d).