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  • Article

    How To Not Be Tone Deaf: A Brief Guide To Being An Ally To Black People

    In early June, our firm posted a tweet regarding our stance and our support for Black lives. It is important to recognize that we must take action to supplement our stance.
    CanadaEmployment and HR
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Breaking Up Is Hard To Do, Part 1

    I am retained by financial advisors as their coach through bad breakups with their partners, and if unresolved, as their litigation lawyer to fight for what is rightfully theirs.
    CanadaLaw Department Performance
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Court Of Appeal Clarifies The Difference Between Litigation And Participant Experts

    The Ontario Court of Appeal has further clarified the distinction between litigation expert witnesses and participant expert witnesses.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Ontario Court Of Appeal Rules Ricochet Judgments Not Available At Common Law

    The Ontario Court of Appeal recently considered the circumstances in which an Ontario court will recognize and enforce the judgment of another Canadian province which has itself recognized and enforced a foreign judgment.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    "Staying" A While: Superior Court Of Justice Embraces Function Over Form In Evaluating What Constitutes An Agreement To Arbitrate.

    Arbitration clauses are a common feature in commercial contracts, but parties to contracts and their lawyers should proceed with caution when drafting such clauses to carefully...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Advisors Are At Risk

    My practice has never been busier, so I have listed in this article the major risks that advisors, portfolio managers, insurance agents and firms faced in 2024 and how to prepare yourself...
    CanadaInsurance
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    No 'Sunshine' For Solar Power: Ontario Court Of Appeal Narrows Section 4 Of The Interest Act In Clearflow Appeal

    What is the appropriate remedy when a loan agreement fails to contain an "express statement of the yearly rate or percentage of interest" within the meaning of s. 4 of the Interest Act (the "Act")?...
    CanadaFinance and Banking
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Wastech Joins "Good Faith" Trilogy At Supreme Court Of Canada, Addressing Exercise Of Contractual Discretion

    On February 5, 2021, the Supreme Court of Canada released its much-anticipated decision in Wastech Services v. Greater Vancouver Sewerage and Drainage District ("Wastech").
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Breaking Up Doesn't Have To Be Hard To Do, Part 2

    Part 1 of this two-part series described the more common types of advisor partnerships and the associated risks (see Part 1 here).
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    No "Magic Words" - Supreme Court Clarifies Use Of Exclusion Clauses Under Ontario's Sale Of Goods Act

    Ontario's Sale of Goods Act1 ("SGA") implies several conditions in contracts for the sale of goods. However, parties can contract out of any such implied condition imposed by the SGA if they so choose.
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Not Worth The Risk – Ontario Court Of Appeal Considers Appropriate Remedy For Accessing Opposing Party's Privileged Information

    A recent Ontario Court of Appeal decision serves as a cautionary tale to lawyers and their clients who may inadvertently or deliberately gain access to an opposing party's...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Thrift Shopping For Grownups - How To Reduce Your Carbon Footprint And Look Great Doing It

    What do fashion and environmental responsibility have to do with each other? A whole heck of a lot, as it turns out.
    CanadaEnvironment
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Taking Away The Corner Office - Should Your Firm Go Modular?

    The presenter was animated and enthusiastic, but I was highly skeptical to say the least.
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Ontario Court Of Appeal Holds That The Creator Of An Exchange-Traded Fund May Owe Duty Of Care To Investors

    In its recent decision Wright v. Horizons ETFS Management (Canada) Inc., the Court of Appeal for Ontario set aside the dismissal of the plaintiff's motion for certification on the basis that...
    CanadaFinance and Banking
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Bhasin Revisited: C.M. Callow Inc. v. Zollinger Provides Straightforward Example Of Breach Of Honest Contractual Performance

    On Friday, the Supreme Court of Canada released its long-awaited decision in C.M. Callow Inc. v. Zollinger.1 The decision provides a significant elaboration of the scope and implications ...
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Don't Go Down With Your Client's Ship

    I have defended many litigation and regulatory cases in which the dealers or advisors assert a common defence against allegations of unsuitable investments: "But that is what the client wanted."
    CanadaTax
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    The Supreme Court's Conflicting Reasons On Conflicts Of Law

    The Law Times recently asked me about the Supreme Court's decision in Haaretz.com v. Goldhar, 2018 SCC 28, and specifically, for the takeaway on convenient forums, in light of the Supreme Court's earlier decision...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    New Standard Of Review: Great For Lawyers, Bad For Current Law Students

    On December 19th, 2019, the Supreme Court of Canada handed down its judgments in the Bell-NFL-Vavilov trilogy of cases that significantly altered the approach to judicial review of administrative decisions.
    CanadaLaw Department Performance
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    The Door Opens Wider? Competition Tribunal Sets The Test For Leave In Private Abuse Of Dominance Actions

    In 2022, Parliament amended the Competition Act1 (the "Act"), allowing private parties to seek leave to bring applications for abuses of dominant position2 ("Abuse") to the Competition Tribunal.
    CanadaAntitrust/Competition Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    In The Public Interest?: Competition Tribunal Sets Test For Leave For Public Interest Standing In Martin

    Following pressure to increase private access to the Competition Tribunal ("Tribunal"), Parliament has made significant amendments to the Competition Act (the "Act") to make it easier for private litigants to bring claims...
    CanadaAntitrust/Competition Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP

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