Pierre Gaudreau

The Crown appealed a decision of the Quebec Court of Appeal that allowed the accused's appeal from a conviction for sexual touching and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, finding no error in the Court of Appeal's decision to order a new trial.

The appellant brought an action for damages for unfair trade practices against the respondents in the Superior Court.

The respondents brought a motion to dismiss this action on the ground of lis pendens since an action for damages for unfair trade practices, based both on s. 31.1(1) of the Combines Investigation Act and on general civil liability, and involving the same parties, was pending in the Federal Court.

The Supreme Court of Canada held that the action brought in the Superior Court should be dismissed on the ground of lis pendens, as both courts were equally competent and there was an identity of parties, object, and cause between the two cases.

The respondent brought an action in the Federal Court alleging the appellants formed an agreement violating the Combines Investigation Act and claiming damages under both the Act and the Civil Code of Lower Canada.

The appellants challenged the constitutionality of the provisions creating a private cause of action and conferring jurisdiction on the Federal Court, as well as the court's competence to hear the provincial law claim.

The Supreme Court of Canada held that the impugned provisions of the Combines Investigation Act are intra vires Parliament under the trade and commerce power.

The Court further held that the Federal Court has jurisdiction to hear the claim under the federal Act, but lacks jurisdiction to hear the claim based on the Civil Code.