Edited by
James Tumbridge
Contents
- Arbitration or Class Action? Supreme Court of Canada Deals with Enforceability of Arbitration Clause in Consumer Contract
- The "Fraud Exception" in Mareva Injunctions is No Exception
- Covenants to Insure: Not Tort Immunity with Impunity
- Too Soon to Tell if Changes to IIROC Arbitrations Process will Increase Use by Investors
Arbitration or Class Action? Supreme Court of Canada
Deals with Enforceability of Arbitration Clause in Consumer
Contract
By:
Malcolm N. Ruby
Counsel, consumers, and business owners should know that clear statutory language in consumer protection statutes can limit or curtail contractual freedom to choose arbitration. The limit only applies, however, to statutory causes of action and not common law claims.
Read the full article - Arbitration or Class Action? Supreme Court of Canada Deals with Enforceability of Arbitration Clause in Consumer Contract
The "Fraud Exception" in Mareva Injunctions is
No Exception
By:
Joe Thorne
In Sibley & Associates LP v. Ross, 2011 ONSC 2951 (S.C.J.), Justice Strathy of the Superior Court of Justice has clarified inconsistent jurisprudence on the 'fraud exception' in ex parte applications for Mareva injunctions: he found that evidence of a real risk that the assets in question may be dissipated or transferred out of the jurisdiction is required, and the idea that evidence of fraud alone was an accepted basis was wrong. Rather than relying on a so called 'fraud exception', Justice Strathy held that in cases of fraud, evidence of a real risk of dissipation or transfer of assets can be established by inference from the surrounding circumstances, including fraudulent conduct, rather than through direct evidence.
Read the full article - The "Fraud Exception" in Mareva Injunctions is No Exception
Covenants to Insure: Not Tort Immunity with
Impunity
By:
Heather Gray
In Lafarge Canada Inc. v. JJM Construction Ltd., the B.C. Court of Appeal has recently clarified that the protection provided by the doctrine of tort immunity flows only to the party who was the intended beneficiary of a covenant to insure. It cannot be used to shield the negligent party who agreed to obtain or maintain the policy of insurance in favour of the other party.
Read the full article - Covenants to Insure: Not Tort Immunity with Impunity
Too Soon to Tell if Changes to IIROC Arbitrations
Process will Increase Use by Investors
By:
David Woodfield and
Brent J. Arnold
Changes by the Investment Industry Regulatory Organization of Canada ("IIROC") at the beginning of this year make private arbitration an increasingly attractive option for investors seeking compensation from investment advisors. The changes were hailed by the Canadian Foundation for the Advancement of Investor Rights (FAIR Canada) for making arbitration a more viable option for these investors. Yet recent reporting from IIROC suggests, however, that it is too soon to gauge whether investors are responding by taking their claims to arbitration instead of court.
Read the full article - Too Soon to Tell if Changes to IIROC Arbitrations Process will Increase Use by Investors
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