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  • Article

    Crystal Clear Contracting: The Supreme Court Clarifies The Law Of Pre And Post-incorporation Contracts

    This past Friday the Supreme Court of Canada released a rare decision touching upon a commercial contractual dispute. The decision, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Worth The Wait? National Security Guidelines Finally Published Under The Investment Canada Act

    The federal government has finally issued long-awaited Guidelines on the National Security Review of Investments, which clarify its approach to the national security review regime...
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Divisional Court Clarifies Narrow Future Crimes / Fraud Exception To Solicitor-Client Privilege

    The recent decision of the Divisional Court in Industrial Alliance Securities Inc. v. Kunicyn has clarified the test for the very narrow future crimes/fraud exception to solicitor-client privilege.
    CanadaCriminal Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Actions Speak Louder Than Words: Dependent Contractors' Big Win Upheld

    Two dependent contractors will receive $125,000 each after the Ontario Court of Appeal upheld an award of 26 months notice in the recent decision in Keenan v. Canac Kitchens Ltd...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Court Finds Employee's Reaction To Missed Promotion Was Cause For Dismissal

    In a recent decision, Thomas v. Saskatchewan Indian Gaming Authority Inc., the Court of Appeal of Saskatchewan re-affirmed the governing principles applicable to dismissal for cause.
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Employment Termination Clause Upheld: Ontario Court Of Appeal Favours Employer

    In Bertsch v. Datastealth Inc., 2025 ONCA 379, the Ontario Court of Appeal delivered an employer-friendly decision in upholding a termination clause in an employment agreement...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    The Ontario Court Of Appeal Rules In Favour Of Employer In Upholding Termination Clause

    In Bertsch v. Datastealth Inc., 2025 ONCA 379, the Ontario Court of Appeal delivered an employer-friendly decision in upholding a termination clause in an employment...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Class Actions Changes In Ontario: You'd Better Hurry Up

    Ontario's Attorney General has proposed a bevy of changes to the provincial justice system in Bill 161, the Smarter and Stronger Justice Act, 2019.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Dirty Diesel: The Challenge Of Isolating Compensable Losses In A Motion For Certification

    In 2015, the Environmental Protection Agency of the United States (EPA) made waves when it determined that millions of Volkswagen "clean diesel" cars sold worldwide were cheating government emissions tests.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Law Firm Denied Lien Against Its Own Client For Legal Fees

    In the case of Weenen v. Biadi, the Ontario Court of Appeal was faced with a request from the law firm of a successful plaintiff that its outstanding legal fees should be paid before any payments could be made to the plaintiff by the defendant.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Limitation Periods: Claims Against Insurers When You Don't Know What Hit You

    When an unidentified driver causes an accident, there may be no way to secure compensation for an injury, as the driver and the driver's insurer may never be identified.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Non-Competition Agreement In Dental Practice Sale Is Enforceable: Court Of Appeal For Ontario Provides Something To Chew On

    The Court of Appeal for Ontario recently enforced a non-competition agreement that was entered into further to the sale of a dental practice in the case of Dr. C. Sims Dentistry Professional...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario Court Of Appeal Upholds Decision Declining To Enforce Cryptocurrency Exchange Arbitration Agreement As Contrary To Public Policy

    In a recent decision in Lochan v Binance Holdings Limited, the Court of Appeal for Ontario upheld a Superior Court decision declining to stay a proposed class action in favour of arbitration...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Short And Sweet: SCC Clarifies Summary Judgment Rules, Judicial Powers

    The Supreme Court of Canada recently clarified how motion judges should exercise their fact-finding and summary judgment powers under rule 20.04(2.1) and (2.2) of the Rules of Civil Procedure. In Hryniak v. Mauldin, 2014 SCC 7 ...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Supreme Court Of Canada Refuses To Hear Global Auditor Class Action Certification Appeal

    On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP ...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Can-Con, Coming To Your Streaming Service Soon

    Amidst all the uncertainty surrounding the United States election, it has been easy to lose focus on the domestic Canadian political landscape.
    CanadaMedia, Telecoms, IT, Entertainment
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Commercial Lease Not Renewed In Time; Landlord's Silence As To Deadline Not Bad Faith

    In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway's attempts to have...
    CanadaReal Estate and Construction
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    How To Stop A Cash-Out Merger From Cancelling Your Shares

    The corporation of which you are a shareholder just sent you notice that it plans to merge with another corporation.
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Class Action Lawsuit Against Casino Rama Fails Certification

    The Ontario Superior Court of Justice has denied certification of the proposed class in a breach of privacy class action, which arose out of a cyber-attack against Casino Rama in November 2016.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Top Court Reinstates Securities Class Action Against Cannabis Company

    In Reasons released on September 26 in Badeesha v. Cronos Group Inc., the Court of Appeal for Ontario unanimously overturned a decision refusing to grant leave to proceed with a misrepresentation...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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