Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses patent infringement.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Mr. Leclerc sought permission to build a skydiving facility. He was denied the opportunity on the basis of the fact the municipality thought that this was ultimately an issue of federal jurisdiction.
In Canada, anything related to aviation and aeronautics is a matter of federal jurisdiction which meant that the permit needed to come from the federal government. But never before had a case considered that skydiving itself was a part of aviation and aeronautics.
This was an opportunity for the Supreme Court of Canada to address whether or not skydiving itself falls within federal or provincial jurisdiction.
What the government regulates and who regulates it is exactly the type of thing the SCC should determine.
Watch the video for more.