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  • Article

    Feeding The Mouth That Bites You: Plaintiff Required To Provide Advances For Defence Legal Fees

    When should a successor company be forced to pay an advance on legal fees to predecessor shareholders whom the successor company is suing?
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    B.C. Court Finds Non-Solicitation Clause Invalid For Public Policy Reasons

    Neither Mann nor James had a non-solicitation clause in their employment agreements with NBF.
    CanadaEmployment and HR
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    An Offer You Can't Refuse: Ontario Court Of Appeal Applies Flexible Framework For Enforcement Of An Accepted Rule 49 Offer To Settle

    In Hashemi-Sabet Estate v. Oak Ridges Pharmasave Inc., 2018 ONCA 839, the Ontario Court of Appeal recently considered the principles relating to the enforcement of an accepted Rule 49 offer to settle.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    British Columbia Court Of Appeal Leaves The Door Open For Deceptive Practices Claims Without Reliance On The Alleged Misrepresentation

    In last week's post, we highlighted the trend in favour of certification of undisclosed fees class actions which was recently continued by the British Columbia Court of Appeal's decision ...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Court Of Appeal Upholds Finding That Employment References By Prior Employers Are Protected From Defamation Lawsuits Unless Maliciously Motivated

    The Ontario Court of Appeal recently affirmed the Superior Court's decision in Kanak v. Riggin that statements made in an employment reference are protected by qualified privilege, regardless of...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Ontario Court Of Appeal Declines To Pierce Corporate Veil In The Name Of Justice

    This is our third blog post on the ongoing saga of the Ecuadorian villagers' attempts to enforce an Ecuadorian judgement against Chevron Canada Limited ("Chevron Canada") in Yaiguaje v. Chevron Corporation.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Barrister's Robes, Or How To Get Away With Wearing A Wizard Costume To Work

    If you watch American legal dramas and then find yourself observing a Canadian court proceeding, you might be understandably disappointed that instead of this
    CanadaLaw Department Performance
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Court Of Appeal Narrows The Scope For Duty Of Care Between Supplier And Retailer

    The Court of Appeal recently overturned a summary judgment awarded in favour of Mr. Sub franchisees for reputational harm stemming from the 2008 listeriotic outbreak.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Guidance For Counsel: Ontario's Court Of Appeal Addresses Anti-SLAPP Legislation

    The Court of Appeal for Ontario recently released its decisions in six appeals regarding Ontario's Anti-SLAPP legislation.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Supreme Court Stays Claims By Business Customers In Class Proceedings Against TELUS

    The motion judge, Justice Conway, refused to grant the partial stay.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    No Note Taking Requirements In CFRs? Think Again!

    The rules are in code. Here's how to crack the code.
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Beware Of AI's Legal Pitfalls

    I was not an early adopter of ChatGPT because my older brother knows the answers to most of my questions and he has been just a phone call away. Don't tell him, but I have now uploaded and use the AI app instead...
    CanadaTechnology
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Claims Against Individual Directors And Officers Of Fortress Struck Without Leave To Amend

    The Globe and Mail has suggested that the fall of the Fortress group of companies "could become Canada's largest syndicated mortgage failure", as "[b]etween 2008 and 2017, Fortress … raised a staggering $920 million ...
    CanadaFinance and Banking
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Negligence Claim Against Law Firm Allowed To Proceed After Court Of Appeal Reverses Summary Judgment

    In a recent decision of the Ontario Court of Appeal, the Court found that a motion judge erred in awarding partial summary judgment and dismissing a professional negligence claim against a law firm.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Ontario Court Of Appeal Provides Further Guidance On "Valid Defence" Analysis Under Anti-SLAPP Legislation

    In a pair of recent decisions, the Ontario Court of Appeal provided further guidance on the correct approach to the "valid defence" analysis under the anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Don't Be "Frustrated": Ontario Court Of Appeal Upholds Damages Award Against Home Buyer After Province Announced Tax On Non-Residents

    The Ontario Court of Appeal recently considered the doctrine of frustration in the context of a real estate transaction in Perkins v. Sheikhtavi, 2019 ONCA 925 ("Perkins").
    CanadaReal Estate and Construction
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Top Five Hilarious Law Twitter Accounts

    Every law firm's Twitter account, Babin Bessner Spry included, has a standard list of follows: colleagues, other firms, bar associations, other legal associations like TLA and the Advocates' Society.
    CanadaMedia, Telecoms, IT, Entertainment
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Court Of Appeal Holds That Partial Summary Judgment Should Be Rarely Awarded

    In a recent decision, the Ontario Court of Appeal set aside a partial summary judgment for fraud.
    CanadaCriminal Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Feeling ‘Crabby'?: Ontario Court Of Appeal Clarifies Scope Of Expanded Fact-Finding Powers On Summary Judgment

    Under what circumstances can a motion judge decide a contested factual issue using the expanded fact-finding powers under rule 20.04(2.1) of the Rules of Civil Procedure (the "Rules") ...
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    A Perfect Storm Lies Ahead For Advisors And Dealers

    The annual enforcement report of the Canadian Investment Regulatory Organization (CIRO) showed a huge jump in complaints at mutual fund dealers...
    CanadaCorporate/Commercial Law
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP

Showing 61–80 of 121 results

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