Justice Nadon had been a member of the Quebec Bar prior to his appointment.

Ontario lawyer Rocco Galati challenged the appointment in the Federal Court of Canada, arguing that Justice Nadon was not eligible to be appointed, as he was neither a member of one of the superior courts of Quebec, nor a current member of the Bar of Quebec.

In response, the federal Parliament passed an amendment to the Supreme Court Act, which declared that the requirement that an appointee be a member of the Quebec bar also included former members of the Bar.

The general rule in section 5 clearly included former members of the bars of the provinces as eligible to be appointed.

However, since he had previously been a member of the bar of Manitoba, the decision did not leave his appointment in doubt, since he qualified under the general appointee principle set out in section 5 of the Supreme Court Act.