Hosted by partner Adam Goldenberg, Appealing Briefs provides brief updates on recent cases from Canada’s courts of appeal. Learn the key takeaways and discover how the decisions will affect businesses and industry in these short interviews with Canada’s leading lawyers and business advisors.

This podcast series qualifies for CPD credit under the mandatory education regimes in British Columbia and Ontario.

Appealing Briefs is available on Soundcloud, Spotify and Apple Podcasts.

McCarthy Tétrault LLP is providing this podcast as a public service, and while it may contain legal information, it is neither legal advice nor a legal opinion, recommendation or statement of policy of McCarthy Tétrault LLP. The information, views and personal opinions expressed by guests from outside of McCarthy Tétrault LLP are entirely their own and their appearance on the podcast does not express or imply an endorsement by McCarthy Tétrault LLP of the information, views or opinions expressed by any guest, or of any entity they represent.

Episode 1: Reference re Impact Assessment Act

On October 13, 2023, the Supreme Court of Canada released its decision on the constitutionality of the federal government’s Impact Assessment Act. It deemed parts of the law to be unconstitutional, setting the stage for changes to the federal environmental assessment process. So, what are the implications for businesses on the ground? What amendments might the federal government pursue? And are there opportunities to improve the process? Adam Goldenberg speaks with Kimberly Howard, McCarthy Tétrault partner and co-leader of the firm’s Environmental Group, and Wayne Wouters, Strategic and Policy Advisor to the firm and former Clerk of the Privy Counsel of Canada. (15 minutes)

Episode 2: Commission scolaire francophone des Territoires du Nord-Ouest

Must a regulator consider the Charter even when making a decision that does not engage a Charter right? In Commission scolaire francophone, the Supreme Court of Canada confirmed that the answer is "yes." In doing so, the Court reignited a long-running discussion about Charter rights and "Charter values" in administrative law. In this episode of Appealing Briefs, host Adam Goldenberg speaks with Caroline Zayid, McCarthy Tétrault’s Regional Managing Partner for Ontario and a leading administrative lawyer, about what regulators and regulated entities should take from this decision and how they should make sense of the Charter's role in administrative decision making and judicial review. (13:47 minutes)

Episode 3: Earthco

How clearly must an exclusion clause limit liability under a contract in order to be effective? In the Earthco case, the Supreme Court of Canada held that it is the “objective meaning of the parties’ express agreement,” and not just the specific language that the parties have chosen in the contract, that determines the scope of an exclusion clause. To understand the implications for businesses – and for anyone else who enters into contracts – Adam Goldenberg speaks with Brandon Kain, McCarthy Tétrault partner and co-founder of the firm’s National Appellate Litigation Group.(12:36 minutes)

Episode 4: Hansman (Happy Pride!)

Mr. Neufeld, an elected official, made controversial comments about sexual orientation and gender identity. Mr. Hansman, a teacher and former union president, responded with harsh criticism. Mr. Neufeld sued Mr. Hansman for defamation — only to have the Supreme Court of Canada dismiss his claim as a “SLAPP”.

What does Hansman v. Neufeld mean for the protection of 2SLGBTQI+ people in the courts, for free speech, and for defamation law? Adam Goldenberg speaks with McCarthy Tétrault litigators Ljiljana Stanić and Solomon McKenzie about the Hansman case and its implications, on this special Pride month episode.