Friday, June 27, 2008

Montreal Gazette: SCC Bell Ruling a "Stinging Rebuke" to Quebec Court of Appeal

From a June 26 Gazette op-ed:

The rapidity with which the Supreme Court heard the Bell buyout case, and the unprecedented speed with which it overturned the Quebec Court of Appeal's ruling that would have derailed the deal, sends an unmistakeable message to the appeal bench to get its act together on commercial law.

The Supremes' unanimous 7-0 decision, with costs thrown in as well, is a stinging rebuke to the Quebec court... It's not the first time the Supremes have overturned the top Quebec court, but the magnitude of the Bell case, and the consequences of it, dramatize the message from on high. In fact, the Supreme Court has previously reversed seven out of nine commercial rulings from the Quebec court, including five out of five unanimous judgments, in the last five years.

...A unanimous judgment of the Quebec court was unanimously reversed within 72 hours of a hearing. You don't see that every day. The message to the Quebec court was a resounding rejection of its logic and interpretation of business law, with a slap upside the head - don't you guys understand the consequences of this?

- Garry J. Wise, Toronto

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