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  • Article

    Competition Tribunal Limits Right of Third Parties to Set Aside Consent Agreements

    Under the Competition Act, the Commissioner of Competition can enter into consent agreements with merging parties to resolve competition issues in mergers and acquisitions. The consent agreement is final when it is registered with the Competition Tribunal. Since amendments to streamline the process in 2002, there has been no process for public comments or approval of draft consent orders by the Tribunal.
    CanadaAntitrust/Competition Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Courts Are Not ‘Rubber Stamps’ For Approving Plans Of Arrangement: Ontario Judge

    The Ontario Superior Court of Justice issued a decision relevant to the forms of fairness opinion commonly rendered by financial advisers.
    CanadaCorporate/Commercial Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
  • Article

    Away Game: Canadian Supreme Court Allows Superior Court Judges To Determine Settlement Motions Outside Of Their Home Provinces

    In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior Courts have jurisdiction to hear motions in a different province...
    CanadaLitigation, Mediation & Arbitration
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Class Actions Under The New Québec Code Of Civil Procedure: 3 Important Changes

    This new C.C.P. will come into force on January 1, 2016 and will introduce important changes to the previous procedural rules governing class actions in Québec.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Court Of Appeal Confirms Class Action Contract Claims Can Be Decided On Summary Judgment

    On April 4, 2016, the Ontario Court of Appeal granted summary judgment in Sankar v Bell Mobility Inc., dismissing a certified class action against Bell Mobility Inc. regarding prepaid wireless credits.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Court Of Appeal Reaffirms Standard For Courts To Imply Contractual Terms

    The Court of Appeal for Ontario recently released its decision in Energy Fundamentals Group Inc. v Veresen Inc.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Is It Going To Cost You More? Upcoming Amendments To British Columbia's Costs Rules

    Costs are traditionally awarded to compensate victorious litigants for expenses incurred in prosecuting or defending a legal claim.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    Joint Submissions On Sanction: The Supreme Court Of Canada Clarifies The Amount Of Deference That Should Be Given

    The Supreme Court noted that trial judges have applied different tests when considering joint submissions.
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Article

    Ontario Court Of Appeal Summaries (February 19 – February 23)

    In Isaac Estate v. Matuszynska, a majority of the court upheld the motion judge's application of the doctrine of "emergency" when determining the defendants' standard of care in a wrongful death case.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Screening Of "Frivolous" Complaint Deemed Reasonable

    A recent decision of the Ontario Superior Court of Justice considers discretion to screen out complaints that cannot succeed prior to investigation.
    CanadaLitigation, Mediation & Arbitration
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    The Supreme Court Of Canada Seeks To Rein-In Court Costs. A New Approach For Summary Judgment Motions In Ontario

    The Supreme Court of Canada has endorsed a new approach in Ontario stating "trials have become increasingly expensive and protracted.
    CanadaLitigation, Mediation & Arbitration
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Throwing Good After Bad Can Be Okay: BC Court Of Appeal Determines Owner's Payment Did Not Have Retroactive Effect On Builders Lien Liability

    This bulletin covers a recent decision from the BC Court of Appeal in Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc., 2024 BCCA 172.
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Be Careful What You Sign: Non Est Factum Remains A Difficult Defence To Establish

    A recent British Columbia Supreme Court case reaffirms that non est factum—the legal doctrine allowing parties to void contracts signed under fundamental misapprehension—remains an exceptionally narrow defence. When guarantors attempted to escape liability by claiming limited English proficiency and misunderstanding the unlimited nature of their guarantees, the court rejected their defence, emphasizing that parties cannot avoid contractual obligations simply because they failed to seek proper
    CanadaCorporate/Commercial Law
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Doing Business In Canada 2019

    Canada's legal system is based on English common law, applied in nine provinces and three territories; and French civil law ...
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    No Veil To Hide Behind: Personal Liability For Corporate Fraud

    The Ontario Court of Appeal has delivered a landmark ruling that fundamentally reshapes personal liability for corporate officers and directors involved in fraudulent conduct.
    CanadaCorporate/Commercial Law
    Lenczner Slaght
    Lenczner Slaght
  • Article

    R v Rouse, 2026 SKCA 91: Saskatchewan Court of Appeal Reinforces Limits on the Role of Complainant’s Counsel

    The Saskatchewan Court of Appeal's decision in R v Rouse establishes critical boundaries for complainant participation in criminal proceedings, examining when counsel's advocacy crosses from protecting privacy interests into improper prosecution. This ruling addresses fundamental questions about the balance between complainant rights and an accused's right to a fair trial, with significant implications for how s. 278.94 hearings are conducted across Canada.
    CanadaCriminal Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Update on DPAs (Deferred Prosecution Agreements) in Canada

    DPAs are sentencing agreements negotiated between a prosecution authority and a corporation charged with an offence.
    CanadaCriminal Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    An Outraged Court: Employer Liable for $500K in Punitive Damages

    When the decision of Keays v. Honda Canada Inc., [2005] O.J. No. 1145 was released, an audible gasp could be heard by employment law lawyers across the country. Record punitive damages in an employment case were awarded by the Ontario Superior Court.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Chevron Canada Tattooed In US $9.51 Billion Environmental Damages Action - No Piercings Yet

    On September 4, 2015, the Supreme Court of Canada released its long-awaited decision in the case of Chevron Corporation v. Yaiguaje.
    CanadaEnvironment
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Brokers’ Report – Special Edition (October 15, 2007)

    The Supreme Court of Canada released a landmark corporate disclosure ruling on October 12, 2007. In a unanimous decision, the Court held that where a prospectus (or amendment) contains no misrepresentations on the date it is filed, information amounting to material facts – but not material changes – that subsequently arise cannot support an action under s. 130(1) of the Ontario Securities Act (the "Act").
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Showing 601–620 of 2040 results

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