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  • Article

    Class Actions Against Investment Advisors? Don't Bet On It

    Class actions are common in the financial services sector. The relatively low bar for certification of such claims as class proceedings means that many such claims are certified.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Federal Court Rejects Class Action For Treaty 4 Annuity Claims: Representative Action Ordered

    The Federal Court's recent decision in Chief Derek Nepinak and Chief Bonny Lynn Acoose v His Majesty the King is a significant procedural decision...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    No Risk, No Appeal: Ontario Court Of Appeal Rules That Class Members Cannot Appeal Settlement Approvals

    On October 17, 2019, a five-judge panel of the Ontario Court of Appeal released its unanimous decision in Bancroft-Snell v Visa Canada Corporation.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Statistically Significant, Or It Didn't Happen? Corrective Disclosure Under The Securities Act

    In Terry Longair Professional Corporation v Akumin Inc, the Ontario Court of Appeal addressed the question of whether a securities class action can be pursued for misleading or incorrect statements...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For February 22, 2022

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on February 22, 2022.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For July 25, 2024

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on July 25, 2024. Each week, we'll be providing a short blog post that summarizes some of the upcoming cases...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For October 7, 2021

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on October 7, 2021.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Small Changes, Big Implications: 2019 Sees Significant Corporate And Insolvency Law Amendments

    Earlier this year, in Bill C-97, Parliament introduced significant changes to the Canada Business Corporations Act ("CBCA"), the Bankruptcy and Insolvency Act ("BIA") and the Companies Creditors Arrangement Act ("CCAA").
    CanadaCorporate/Commercial Law
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Let Me See You 1, 2 Step: The Federal Court Of Appeal Affirms The "Two-Step" Approach To The Common Issues Requirement

    A few years after the Supreme Court of Canada released Hollick v Toronto (City), which provided a detailed articulation of the common issues requirement under s. 5(1)(c) of the Class Proceedings Act, 1992...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For May 29, 2025

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on May 29, 2025.
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Door Left Open For Use Of Foreign Patent Prosecution History

    Since its enactment in 2018, section 53.1 of the Patent Act has been the subject of much discussion. This provision allows courts tasked with construing the claims of a patent to consider...
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The Regulated Conduct Defence: We'll Drink To That

    It says something about Canada that many famous cases throughout Canadian legal history relate to the regulation of alcohol. Through the early 20th century, the regulation of alcohol was a fertile domain...
    CanadaAntitrust/Competition Law
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Hash-ing It Out: SCC Will Hear Challenge To Constitutionality Of Quebec Legislation Banning Personal Possession And Cultivation Of Cannabis

    The Supreme Court of Canada recently granted leave to appeal in the decision of Murray-Hall c Procureure generale du Quebec, opening the door for the Court to consider the constitutionality...
    CanadaCannabis & Hemp
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The SCC Leave Project: Predictions For April 15, 2021

    Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on April 15, 2021.
    CanadaEmployment and HR
    Lenczner Slaght
    Lenczner Slaght
  • Article

    (Don't) Keep It In The Family: Federal Court Grants Solicitor's Eyes Only Protection In Trademark Dispute Between Family Companies

    In Ma v Fivalco Industries Corporation, the Federal Court granted a protective order that included a Solicitor's Eyes Only (SEO) designation over confidential financial documents.
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    FCA Taps The Brakes On Summary Judgment In Patent Cases

    Over the last several years there has been a trend towards increased adoption of summary proceedings for resolving patent cases in Canada.
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Making A Splash In Patent Law: The Federal Court Of Appeal Clarifies Overbreadth And Utility

    ProSlide Technology and WhiteWater West Industries are the two largest competitors in the global water slide market. That competitive pressure has, perhaps inevitably, spilled into the courtroom.
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Not My Lack Of Use, Not My Problem

    Comité interprofessionnel du vin de champagne v Coors Brewing Company marks the second recent FCA decision addressing how a change in trademark ownership affects whether...
    CanadaIntellectual Property
    Lenczner Slaght
    Lenczner Slaght
  • Article

    The First Three Months Of The SCC Leave Project: A Successful Start

    Three months ago, we launched our Supreme Court of Canada Leave Project. Part of that project is a machine learning algorithm that provides predictions of the likelihood of different cases getting leave to the Supreme Court.
    CanadaLaw Department Performance
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Challenges In Spotting Material Changes

    The philosopher Heraclitus observed that "the only constant in life is change", a maxim as true for the business world as the natural world. Publicly traded companies...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght

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