ArticleMail (Un)DeliverableIn a two-way application before the Commercial list, JSC Chukotka Mining and Geological Company ("Chukotka"), a Russian-based company, sought an order recognizing and enforcing an Arbitral Award...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleNavigating Duplicate Proceedings: What Happens When Courts Certify Parallel Pharmaceutical National Class Actions?It is not uncommon in the Canadian class action landscape for competing class actions to be commenced in multiple jurisdictionsCanadaLitigation, Mediation & ArbitrationLenczner Slaght
Article“Non”: Federal Court Refuses A $68.9 Million Translation BillImagine inheriting a library of 6,000 old court decisions – handwritten, typed, and printed over nearly a century – and being told you owe up to $68.9 million to translate them because you scanned them...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleOnce More Unto The Breach: The Supreme Court Of Canada Weighs In Again On Arbitration Clauses And Class ActionsThe question of whether and when arbitration clauses will preclude a class proceeding is seemingly continually litigated.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleRecall Remedy Once Again Preferable To Class ActionHistory has shown that recalls for product defects are often followed by a proposed class action lawsuit. While many products cases in that context have been certified...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For August 12, 2021Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 12, 2021.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For December 12, 2024Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on December 12, 2024.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For December 15, 2022Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on December 15, 2022.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For January 18, 2024Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on January 18, 2024. CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For July 29, 2021Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on July 29, 2021.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleWhose Responsibility Is It Anyway? Chatbots And Legal Issues In Moffatt v Air CanadaOn February 14, 2024, the British Columbia Civil Resolution Tribunal (which is the equivalent of Ontario's Small Claims Court) issued its decision in Moffatt v Air Canada.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticlePre-Construction Risk, Redefined: Ontario Courts Limit Developer Disclosure ObligationsIn the Ontario Superior Court’s most recent decision affecting developers, De Bartolo v Icona Developments Inc, the Court held that neither the standard form agreements...CanadaReal Estate and ConstructionLenczner Slaght
ArticleThe Designated Projects Scheme, Not A Designated Survivor: The Supreme Court Weighs In On The Federal Environmental Assessment RegimeThe complexity of regulating environmental impacts in Canada has proven to be a thorny issue on both constitutional and practical fronts. On the heels of 2021's carbon pricing decision...CanadaEnvironmentLenczner Slaght
ArticleThe Times They Are A-Changin': Summary Judgment In The Federal CourtPatent infringement actions are inherently complex and technical. They often involve complex scientific inquiries and expert evidence. The Federal Court has historically held that summary judgment...CanadaIntellectual PropertyLenczner Slaght
ArticleThe SCC Leave Project: Predictions For December 5, 2024Each week, we'll be providing a short blog post that summarizes some of the upcoming cases and gives a prediction of the probability that leave will be granted.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleFull Steam Ahead: Opposition Won't Derail A Patent Infringement Summary TrialIn 2014, the Supreme Court of Canada recognized that the most painstaking procedure is not always the best procedure to resolve disputes...CanadaIntellectual PropertyLenczner Slaght
ArticleThe Ontario Court Of Appeal Provides Clarity On Late Opt Outs From Class ProceedingsThe nature of a class action is that individuals' legal rights can be affected by proceedings they have no role in. They can be bound by judgments and settlements...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For August 31, 2023Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 31, 2023.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThree Lessons From Recent Decisions In Shareholder DisputesShareholder disputes are often complex and multi-faceted, and no two are identical. Despite their unique nature, recent Commercial List decisions have identified and reviewed issues common to many shareholder disputes at different stages.CanadaCorporate/Commercial LawLenczner Slaght
ArticleMaking Your Patent List And Checking It Twice… But Don't Delay In Submitting It!Engaging Canada's Patented Medicines (Notice of Compliance) Regulations (the "Regulations") requires pharmaceutical patentees to first submit a list to Health Canada of patents to be included on the register.CanadaIntellectual PropertyLenczner Slaght