ArticleOnline Pirates Can Be BlockedCopyright holders in Canada have scored a major victory in the fight against online piracy. The Federal Court of Appeal ("FCA") in Teksavvy Solutions Inc v Bell Media Inc. ...CanadaIntellectual PropertyLenczner Slaght
ArticleDissent On The Standard Of Review: The SCC Splits On True Questions Of JurisdictionTo what extent can, or should, courts review decisions by government decision-makers? Administrative law is all about finding the right balance.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleMr. Sub Franchisees Order A Large Class Action, But The Supreme Court Is Fresh Out Of Duty Of CareThe concept of a duty of care is foundational to the common law concept of negligence. CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleOntario Court Of Appeal Certifies Negligence Class Action Against Gun Manufacturer In Mass Shooting CaseThe Ontario Court of Appeal's decision in Price v Smith & Wesson Corporation is a significant development in product liability law and class action procedure, particularly in cases involving harm from criminal acts. CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleOntario Court Of Appeal Defines Boundaries In Auditors' Negligence Claims Post-LiventIn Lavender v Miller Bernstein LLP ("Lavender"), the Ontario Court of Appeal overturned an order granting summary judgment to a class of investors ...CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleRemote Hearings – Some Practical ConsiderationsIn recent weeks, the Ontario Superior Court has begun scheduling certain civil hearings to proceed remotely.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For April 4, 2024Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on April 4, 2024.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For August 15, 2024Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 15, 2024.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For August 24, 2023Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 24, 2023.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For July 28, 2022Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on July 28, 2022.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For June 29, 2023Each 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
ArticleThe SCC Leave Project: Predictions For June 6, 2024Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on June 6, 2024.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For October 16, 2025Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on October 16, 2025.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleThe SCC Leave Project: Predictions For October 2, 2025Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on October 2, 2025. CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleTrials On Trial: A New Vision For Adjudication In OntarioIf the Civil Rules Review Working Group's proposals for reforms to the Rules of Civil Procedure (summarized here) are adopted, trial practice in Ontario will undergo significant changes.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleFacebook Loses Privacy Faceoff At The FCAThe proceedings in Canada (Privacy Commissioner) v Facebook Inc arose from the Privacy Commissioner's investigation into Facebook's practice of sharing users' personal information with third-party apps.CanadaPrivacyLenczner Slaght
ArticleConfusion Over "Some Basis In Fact" Rolls On In British Columbia Court Of Appeal's RoRo DecisionCertification is a vital step in every class action. In order for a class action to be certified, the proposed representative plaintiff must show "some basis in fact" to believe that the certification requirements are met.CanadaTransportLenczner Slaght
ArticleEmployers Emerge Victorious In Rule 21 Motion Regarding The Enforceability Of An ESA-Minimum Termination ClauseIn Bertsch v Datastealth Inc, the Superior Court confirmed the enforceability of an ESA-minimum termination clause that excluded common law notice periods. This decision, resulting from a Rule 21 motion to strike.CanadaEmployment and HRLenczner Slaght
ArticleThe SCC Leave Project: Predictions For November 10, 2022Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on November 10, 2022.CanadaLitigation, Mediation & ArbitrationLenczner Slaght
ArticleNo March Break For Competition, As Bureau Releases New Abuse Of Dominance And Intellectual Property Enforcement GuidelinesMarch 2019 has been a busy month for the Competition Bureau. On March 7, the Bureau released its updated Abuse of Dominance Enforcement Guidelines. Then, on March 13CanadaAntitrust/Competition LawLenczner Slaght