Marie-France Major

Marie-France is synonymous with Supreme Court of Canada agent. Her experience clerking for Justice LaForest, law degrees from Oxford and Berkeley, and involvement in many recent significant SCC decisions has made her a go-to lawyer.

Bar admission.

Ontario, 1995

 

Education.

University of California at Berkeley, J.S.D., 1994
University of Oxford, B.C.L., 1987
University of Ottawa, LL.B., 1986
University of Ottawa, B.Sc.Soc., 1983

Contact.

Tel: 613-695-8855
Fax: 613-695-8580
mfmajor@supremeadvocacy.ca

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Languages.

English
French

Details.

Marie-France Major is a partner in the firm. She drafts materials and provides advice and agency services to clients regarding applications, responses, factums and motions for appeals before the Supreme Court of Canada. Marie-France draws on her Doctor of Juridical Science from the University of California at Berkeley and years of experience as a professor of law to provide legal opinions in the areas of Charter, constitutional, human rights, aboriginal, property, municipal and family law. Marie-France is fluent in English and French. In 1989 and 1990, she articled with Mr. Justice G.V. LaForest at the Supreme Court of Canada.

As SCC Agent:

  • TELUS Communications Inc. v. Wellman, 2019 SCC 19 – Civil procedure, class actions
  • Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5 – Constitutional law, division of powers
  • Groia v. Law Society of Upper Canada, 2018 SCC 27 – Administrative law, law of professions
  • R. v. Comeau, 2018 SCC 15 – Constitutional law, interprovincial trade
  • R. v. Durham Regional Crime Stoppers, 2017 SCC 45 – Criminal law, informer privilege
  • Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 – Administrative law, Injunctions
  • R. v. Oland, 2017 SCC 17 – Criminal law, interim release
  • Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12 – Aboriginal law, Métis voting rights
  • Carter v. Canada (Attorney General), 2015 SCC 5 – Constitutional law, physician-assisted dying
  • Loyola High School v. Québec (Attorney General), 2015 SCC 15 – Constitutional law, freedom of religion
  • Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60 – Civil procedure, securities class actions
  • Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 – Contracts, interpretation
  • Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8 – Civil procedure, summary judgment
  • Bernard v. Canada (Attorney General), 2014 SCC 13 – Administrative law, privacy rights
  • Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 – Aboriginal law, aboriginal title
  • Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11 – Constitutional law, Charter of Rights
  • Fullowka v. Pinkerton’s of Canada Ltd., 2010 SCC 5 – Torts, duty of care
  • Canada (Justice) v. Khadr, 2008 SCC 29 – Constitutional law, Charter of Rights
  • Honda Canada Inc. v. Keays, 2008 SCC 39 – Employment law, wrongful dismissal
  • R. v. Kapp, 2008 SCC 41– Constitutional law, Charter of Rights
  • Mustapha v. Culligan of Canada Ltd. 2018 SCC 27 – Torts, negligence
  • Canada (Attorney General) v. Hislop, 2007 SCC 10 – Constitutional law, Charter of Rights
  • Resurfice Corp. v. Hanke, 2007 SCC 7 – Torts, negligence
  • D.B.S. v. S.R.G., 2016 SCC 37 – Family law, retroactive child support
  • Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 56 – Constitutional law, trade-marks
  • United Taxi Drivers’ Fellowship of Southern Alberta v. Calgary (City), 2004 SCC 19 –  Municipal law, bylaws
  • Reference re Same-sex Marriage, 2004 SCC 79 – Constitutional law, distribution of legislative powers

As Counsel:

  • Law Society of British Columbia v. Trinity Western University, 2018 SCC 32 – Administrative law, freedom of religion – Co-counsel for an Intervener
  • Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19 – Torts, duty of care – Co-counsel for the Appellant
  • Chippewas  of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41 – Aboriginal law, treaty rights – Co-counsel for an Intervener
  • Clyde River (Hamlet) v. Petroleum Geo-Services Inc., 2017 SCC 40 – Aboriginal law, treaty rights – Co-counsel for an Intervener
  • Windsor (City) v. Canadian Transit Co., 2016 SCC 54 – Constitutional/Municipal law – Co-counsel for an Intervener
  • Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 – Insurance,  property insurance – Co-counsel for the Appellant
  • Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 – Aboriginal law and Charter of Rights – Co-counsel for the Appellants
  • A.I. Enterprises Ltd. Bram Enterprises Ltd., 2014 SCC 12 – Torts, fiduciary duty – Counsel for an Respondents
  • Cojocaru v. British Columbia Women’s Hospital and Health Care, 2013 SCC 30 – Torts, negligence – Co-counsel for the Appellants/Respondents on cross-appeal.
  • R. v. O’Brien, 2013 SCC 2 – Criminal law, uttering threats – Co-counsel for the Respondent
  • Ontario v. Criminal Lawyers’ Association of Ontario, 2013 SCC 43 – Jurisdiction, fees paid to amicus curia – Co-counsel for an Intervener
  • Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52 – Environmental law, offences – Co-counsel for the Appellant
  • Halifax (Regional Municipality) v. Canada (Public Works and Government Services), 2012 SCC 29 – Administrative law, taxation – Counsel for an Intervener
  • Montréal City v. Montreal Port Authority, 2010 SCC 14 – Municipal law, taxation – Co-counsel for an Intervener
  • Kerr v. Baranow, 2011 SCC 10 – Division of family property – Co-counsel for a Respondent
  • Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4 – Contracts – Co-counsel for the Appellant
  • Nguyen v. Québec, 2019 SCC 47– Constitutional law – Charter of Rights – Co-counsel for the respondents/appellants on cross appeals
  • Evans v. Teamsters Local Union No. 31, 2008 SCC 20 – Employment law – wrongful dismissal – Counsel for the Appellant
  • Canada (Attorney General) v. Lameman, 2008 SCC 14 – Co-counsel for the Respondents
  • Stein v. Stein, 2008 SCC 35, Family law – family assets – Co-counsel for the Respondent
  • R. v. L.T.H., 2008 SCC 49, Criminal Law – admissibility of statements of young persons – Co-counsel for the Appellant
  • McGill University Health Centre v. Syndicat des employés de l’Hôpital général de Montréal, 2007 SCC 4 – Human rights – right to equality – Co-counsel for the Appellant
  • Dickie v. Dickie, 2007 SCC 8, Courts – contempt order – Co-counsel for the Respondent
  • Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2016 SCC 23, Intellectual property, trade-marks – Co-counsel for the Appellant
  • Charlebois v. Saint John (City), 2005 SCC 74, Official languages – Municipalities – Co-counsel for the Respondent

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  • Associate Professor (tenured), Faculty of Law; member of the School of Graduate Studies and Research, University of Ottawa, 1995-2001.
  • Law Lecturer, Property Law, Course for Lawyers in the Department of Justice of Canada, 1999-2000.
  • Assistant Professor, School of Law, University of Moncton, New Brunswick, 1987-1989.
  • “Getting In, Getting Heard, Getting Practical: Intervening in Appellate Courts Across Canada” Advocates Quarterly (2017) 46 Advocates’ Q 3, Co-author
  • The Law of Criminal Attempt (Carswell, 3rd ed., 2015), Co-author
  • Bullen & Leake & Jacob’s Canadian Precedents of Pleadings (Carswell, 2nd ed., 2013), Co-author
  • Supreme Court of Canada Manual (Canada Law Book, 2011), Co-author
  • “Going to the ‘Big House’: Your Key Out of the Supreme Court’s Waiting Room” (2010) CBA Canadian Legal Conference
  • “The Constitutional Legal Status of Municipalities 1849-2004: Success is a Journey, But Also a Destination” (2007) National Journal of Constitutional Law
  • “Conscientious Objection to Military Service: The European Commission on Human Rights and the Human Rights Committee” (2002) California Western International Law Journal
  • “Reporting to the Human Rights Committee: the Canadian Experience” (2000) The Canadian Yearbook of International Law
  • “Comparative Analogies: Sullivan visits the Commonwealth” (1999) Indiana International and Comparative Law Review
  • «Neuf à zéro ne suffit plus: Gould c. Yukon Order of Pioneers et la perspective féminine» (1997) Osgoode Hall Law Journal
  • “Sexual-Orientation Hate Propaganda: Time To Re-Group” (1996) Canadian Journal of Law and Society
  • “American Campus Speech Codes: Models for Canadian Universities?” (1995) Education & Law Journal
  • “Conscientious Objection and International Law: A Human Right?” (1993) Case Western Reserve Journal of International Law
  • “Obscene Comparisons? Canadian and American Attitudes Toward Pornography Regulation” (1993) Journal of Contemporary Law, U.S.A.

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Listed in The Best Lawyers in Canada as a leader in Aboriginal Law

Awarded the 1993 Marion Porter Prize by the Canadian Research Institute for the Advancement of Women, for “the most significant feminist research article from a journal or anthology, on the basis of academic and scholarly excellence, importance of the issue to women and originality of theme.”