ArticleCourt Of Appeal Rates Arbitration Clause One Star In Proposed Employment Class Action Against UberHeller v Uber Technologies Inc highlights the tension between two competing adjudicative mechanismsCanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleDismissal For Delay In Class Actions: How Low Is The Bar For Avoiding Dismissal?It has been just under a year since the new dismissal for delay provision in s. 29.1 of the Class Proceedings Act started resulting in dismissals for delay. In essentially all of the decisions rendered to date...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleKey Development In Tort Law: Supreme Court Of Canada Establishes New Framework For Novel TortsThe Supreme Court of Canada has established a comprehensive three-part framework for recognizing novel torts in Canadian law.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For January 29, 2026Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on January 29, 2026.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For November 25, 2021Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on November 25, 2021.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleConsultants' Liability For Bad Advice: Just To Their Clients, Or Does It Go Further?Commercial disputes between professionals and their clients are routine. However, what is comparatively rare are disputes between the consultants (or other professionals) who advise a client...CanadaMedia, Telecoms, IT, EntertainmentLenczner Slaght
ArticleCompetition Bureau Prioritizes Greenwashing: Keurig Fined $3 Million Over Recyclability ClaimsThe Competition Bureau's focus on greenwashing continues to grow. CanadaAntitrust/Competition LawLenczner Slaght
ArticlePrivate Actions At The Competition Tribunal: What Businesses Need To KnowAlthough private access to the Competition Tribunal has steadily expanded over the past two decades, very few private applications have actually been brought and even fewer have succeeded.CanadaAntitrust/Competition LawLenczner Slaght
ArticleNo Harm, No Remedy: The Availability Of Non-Compensatory Remedies Under The Consumer Protection ActBy playing their essential gatekeeping role, class action judges have in numerous decisions clarified the necessary elements of various causes of action and the availability of specific remedies in a particular case.CanadaConsumer ProtectionLenczner Slaght
ArticleBonuses & Bad Faith: The Supreme Court Clarifies Terminated Employee's Entitlement To $1M Incentive PaymentAre terminated employees entitled to the payout of bonuses during their reasonable notice period? And should this assessment be informed or affected by an employer's...CanadaEmployment and HRLenczner Slaght
ArticleBill 5 Receives Royal Assent: What's Next For Ontario's Construction & Infrastructure Sectors?Amid ongoing tariffs and persistent economic uncertainty, Ontario has taken a significant legislative step with the passage of Bill 5, the Protect Ontario by Unleashing our Economy Act, 2025. CanadaEnergy and Natural ResourcesLenczner Slaght
ArticleBig Changes In Financial Regulation: Dialogue With The OSC 2020On November 4, 2020, the Ontario Securities Commission (OSC) held its annual OSC Dialogue. Financial industry leaders, senior regulators and investors came together...CanadaFinance and BankingLenczner Slaght
ArticleA Complete Code: Ontario Court Of Appeal Denies Remedies Exist Outside The PMNOC RegimeThe Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations ) is a complete code. In Apotex Inc v Eli Lilly Canada Inc, the Ontario Court of Appeal weighs in on the drawn-out battle...CanadaIntellectual PropertyLenczner Slaght
ArticleBoard Man Doesn't Get PaidDuring last year's NBA Finals, Kawhi Leonard was taking on more than the Golden State Warriors. In the middle of the Finals, he filed a lawsuit against the company he formerly endorsed...CanadaIntellectual PropertyLenczner Slaght
ArticleExploring The Boundaries Of Patent Protection: Federal Court Of Appeal Holds That Marketing Is Not "Use" Under The Patent ActThe Federal Court of Appeal's decision in Steelhead v ARC upholds Justice Manson's summary trial decision finding no infringement by ARC Resources of Steelhead's 085 Patent.CanadaIntellectual PropertyLenczner Slaght
ArticleFCA Narrows Jurisdiction Of Drug Price RegulatorThe Patented Medicine Prices Review Board ("Board") regulates the prices of patented medicines in Canada when a patent is found to "pertain" to a medicine. Since 1996CanadaIntellectual PropertyLenczner Slaght
ArticleThe Federal Court Of Appeal Clarifies The "Obvious To Try" TestThe Federal Court of Appeal has clarified the extent of flexibility afforded when undertaking the "Obvious to Try" test in Amgen v Pfizer, 2020 FCA 188.CanadaIntellectual PropertyLenczner Slaght
ArticleTariff Tensions: Assessing Your Cross-Border Contract RiskPresident Donald Trump proclaimed April 2 "Liberation Day" and unveiled a new trade policy for worldwide "reciprocal tariffs". Initial reactions were that Canada (and Mexico)...CanadaInternational LawLenczner Slaght
ArticleA Practical Guide To Managing Complex Multi-Party Litigation On The Commercial ListCommercial List proceedings, including receivership proceedings and those under the CCAA or BIA, often involve many parties and require counsel to balance the Court’s expectations...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleBetter Together – Or Maybe NotSome things just go better together and probably always will, as Luke Combs sings in ‘Better Together'. CanadaLitigation, Mediation & ArbitrationLenczner Slaght