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LITIGATION

In today’s global competitive landscape, commercial disputes are an unavoidable risk of doing business. McMillan LLP’s litigation lawyers are nationally acclaimed for their expertise in providing sophisticated and pragmatic advice, and exemplary client service. Our accomplished team includes litigation, arbitration and dispute resolution lawyers with experience across sectors.

McMillan’s litigators have extensive experience in domestic, cross-border, and international litigation, arbitration and mediation. When the stakes are highest we work tenaciously to pursue our clients’ commercial interests before all levels of courts, regulators, commissions, administrative tribunals and arbitral panels. Our litigators and team of industry-specific lawyers combine their skills and expertise to successfully represent Canadian and international clients facing virtually any type of business dispute, in almost any forum across Canada.

While we are staunch advocates for our clients’ commercial interests, we also recognize that the best path to a solution may sometimes be through alternative dispute resolution or a creative settlement. At the same time, however, we approach every client matter prepared to proceed to trial.

DISPUTE RESOLUTION

Pursuing remedies for business disputes through a civil proceeding in the courts can be costly and time-consuming for companies, and risks damaging a brand’s reputation. To contain this, companies often seek out a dispute resolution attorney with expertise in alternative dispute resolution (ADR) to settle conflicts outside of the courts.

McMillan’s dispute resolution lawyers are highly experienced in multiple facets of ADR, including conflict avoidance, negotiation dispute resolution, mediation, evaluation, and arbitration. Our approach to each dispute focuses on reaching a practical, timely, cost-efficient and commercially attractive result for our clients.

Our dispute resolution lawyers stand ready to prepare rules of procedure for administrative boards and tribunals; advise on court-connected and private mediations, and negotiations; develop conflict resolution systems for universities and other enterprises; serve as chair and third-party neutrals in international commercial arbitrations; advise internationally-based associations of arbitrators; serve as advocates in arbitration and mediation proceedings; advise on reviews and appeal of arbitration awards; and develop strategies and programs to minimize disputes and risks.

ARBITRATION

McMillan’s litigation group includes veteran lawyers who routinely handle complex arbitration cases in a wide variety of contexts. Our legal team works with leading Canadian companies, multinationals and growing businesses to achieve arbitration and ADR outcomes that support their business goals.

Companies seeking international commercial litigation and arbitration services can trust McMillan’s expertise and global experience. Our lawyers have represented clients in complex litigation before the International Chamber of Commerce, the American Arbitration Association, the London Court of International Arbitration, the International Centre for Settlement of Investment Disputes, and other international institutions, as well as in domestic and ad hoc arbitrations.

Focused on providing exemplary client service, we help our clients lead by negotiating and drafting agreements and advising on alternative dispute resolution regime. We also provide legal representation before Canadian and international arbitral institutions and enforce and/or seek to set aside arbitration awards.

MEDIATION

Enterprises engaged in disputes frequently opt for commercial mediation over litigation to return to business as usual as quickly as possible. Mediation often delivers a faster, more private and lower-cost result through ADR tactics.

McMillan’s litigation lawyers bring a wealth of knowledge and experience to clients considering contract dispute mediation. Our lawyers have worked with companies in a wide range of industries and managed international commercial mediations involving multiple jurisdictions. We also have the experience to recognize when mediation isn’t working, and it becomes necessary to adopt a more aggressive strategy through litigation.

Our mediation and litigation professionals helps clients navigate commercial disputes by advising on the relative advantages of mediation and other alternative dispute resolution mechanisms versus litigation; attending as counsel before privately-appointed mediators in Canada and internationally; recommending optimal settlement terms; and acting on clients’ behalf during mandatory settlement conferences and, where applicable, on mandatory mediations before the courts.

APPELLATE ADVOCACY

McMillan acts on behalf of appellants and respondents to appeals, judicial reviews and references. Our appellate lawyers successfully represent individuals, corporations in multiple industries, and organizations before provincial courts, all the way to the Supreme Court of Canada.

McMillan approaches each appeal with an uncompromising inspection of the lower court decision, carefully looking for potential errors in judgement or procedure. We search for errors of law and fact and instances of improperly admitted or refused evidence and new evidence that may lead to a different outcome in higher courts of justice.

Always with our clients’ best interests in mind, we advise on the viability, risks and costs of a potential appeal before moving forward. We represent appellants on leave to appeal motions and appeals, respondents on appeal, and appellants and respondents alike in procedural applications related to appeals. We also act on behalf of interveners in matters before appellate courts.

DEFAMATION & LIBEL

Reputations can take years to build, but only a few words and minutes to destroy. McMillan’s defamation lawyers are highly skilled and trusted legal counsel to Canadian companies and executives whose reputations are being threatened by libel and slander. In the most dire of circumstances, McMillan’s libel lawyers vigorously defend defamation allegations to set the record straight to preserve reputational brand and recover damages.

McMillan’s libel and defamation lawyers help clients handle reputation-threatening situations by assisting media outlets and publishers with pre-publication reviews to mitigate potential claims; representing plaintiffs and defendants in defamation actions; advising on the right to privacy issues; negotiating settlements between parties—including apologies, retractions and financial damages; and advising on matters related to publication bans, access to information and press freedoms.

COURT OFFICER REPRESENTATION

In Canada, a court officer may be appointed to monitor a court-supervised restructuring, carry out the involuntary sale of a business or oversee the liquidation of assets in bankruptcy or receivership. McMillan regularly represent monitors, receivers, bankruptcy trustees, chief restructuring officers and other court-appointed officers. We are known for successfully navigating the most complex and challenging bankruptcy and insolvency cases nationwide.

SUPREME COURT OF CANADA

McMillan’s SCC professionals provide Effective, Efficient, and Expeditious (“3E”) service to our clients, whether it be as Supreme Court of Canada advisors, co-counsel or Ottawa Agents. We routinely coach or assist appellate counsel with customized service depending on their needs for the particular case.

Our expertise includes interpreting the Supreme Court Act and all rules and procedures; providing preliminary opinions on leave applications; assisting with applications for leave to appeal or intervene and supporting materials; advising on and attending all Supreme Court motions; advising on and preparing appeal and cross-appeal materials; counselling on appearances (first or second chair); producing, servicing and filing all documents; and attending Registry to obtain materials in other files for analysis.

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Primary Contacts

View All Contacts
Andrew E. Stead
Partner, Litigation & Dispute Resolution
Robert Wisner
Partner, International Arbitration & Cross-Border Litigation
Joan M. Young
Partner, Litigation & Dispute Resolution

Deals and Cases

INSIGHTS (256 Posts)

Featured Insight

Ontario Court of Appeal Interprets the TSX’s Majority Voting Requirement, Considers the Oppression Remedy, and Clarifies Set-off Rights

A recent decision of the Ontario Court of Appeal interprets the Toronto Stock Exchange (“TSX”) requirement that listed companies adopt a majority voting policy.

Read More
Apr 16, 2021
Featured Insight

Supreme Court of Canada Confirms: Hypothecary Notices In Québec Receiverships Are Here To Stay

Supreme Court of Canada confirms: hypothecary notices in Québec receiverships are here to stay.

Read More
Apr 6, 2021
Featured Insight

Supreme Court of Canada Upholds Federal Carbon Pricing Regime

In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.

Read More
Mar 29, 2021
Featured Insight

Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It

Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.

Read More
Mar 29, 2021
Featured Insight

Fueling the Future: Canada’s Plan to Reduce Greenhouse Gas Emissions under the Clean Fuel Regulations

The federal government's proposed Clean Fuel Regulations will require the gradual reduction in the carbon intensity of fossil fuels supplied in Canada.

Read More
Mar 26, 2021
Featured Insight

Supreme Court of Canada Denies Leave to Appeal “Blue Pencil” Decision

The Supreme Court of Canada has denied leave to appeal the Alberta Court of Appeal’s decision to apply the doctrine of notional (or “blue-pencil) severance.

Read More
Mar 14, 2021
Featured Insight

Broken Processes: Human Rights Tribunal Reminds Employers of the Importance of the Procedural Duty to Accommodate

Two recent decisions of the Ontario Human Rights Tribunal elaborate on employers’ procedural duty to accommodate.

Read More
Mar 10, 2021
Featured Insight

Unscrambling the Egg: New Guidance for Assessing Concurrent Delay on Construction Projects

A recent Ontario court decision provides new guidance on how to assess responsibility for concurrent delays in construction projects.

Read More
Mar 10, 2021
Featured Insight

Ontario Court of Appeal Reviews Necessary Elements to Claim Against Corporate Directors in the Context of a Wrongful Termination Action

Guidance on the various circumstances in which corporate directors can become personally liable for unpaid wages and vacation pay in wrongful dismissal cases.

Read More
Mar 9, 2021
Featured Insight

Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

The Superior Court of Justice has recognized a new tort of internet harassment, indicating willingness to fashion new causes of action to address online abuse.

Read More
Feb 23, 2021
Featured Insight

On Second Thought: Ontario Court Dismisses Secondary Market Securities Class Action on Summary Judgment

Part XXIII.1 of Ontario’s Securities Act creates a statutory cause of action for investors who suffer losses in the secondary market.

Read More
Feb 21, 2021
Featured Insight

More Clarity About the Impact of COVID-19 on Reasonable Notice Periods

Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.

Read More
Feb 17, 2021
Featured Insight

‘Why’d Ya Do It?’ The Supreme Court of Canada Explains the Duty to Exercise Contractual Discretion in Good Faith

The SCC recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District.

Read More
Feb 17, 2021
Featured Insight

Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

Read More
Feb 16, 2021
Featured Insight

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

Read More
Feb 4, 2021
Featured Insight

Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods

Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.

Read More
Jan 30, 2021
Featured Insight

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

Read More
Jan 29, 2021
Featured Insight

The Quick and Dirty on Ontario’s New Excess Soil Regulations

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

Read More
Jan 25, 2021
Featured Insight

Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States

In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.

Read More
Jan 19, 2021
Featured Insight

When COVID met MAE in the Ordinary Course: Ontario Court Orders Buyer to Complete its M&A Transaction

The recent decision of the Ontario Superior Court of Justice in Fairstone Financial Holdings Inc. v Duo Bank of Canada has established an important precedent for the interpretation of material adverse effect clauses and covenants to carry on business in the ordinary course, both of which are common features of M&A transaction agreements.

Read More
Jan 13, 2021
Featured Insight

You should have said something: Supreme Court of Canada Holds That Failure to Correct a Mistaken Belief Violated the Duty of Honest Contractual Performance

The authors discuss the Supreme Court of Canada's recent decision in C.M. Callow Inc. v. Tammy Zollinger et. al. regarding the duty of faith.

Read More
Dec 23, 2020
Featured Insight

Occupiers’ Liability Amendment: Ontario Shortens Notice Periods for Snow and Ice Related Claims

On December 8 2020 Ontario passed Bill 118 amending the Occupiers Liability Act and shortening the notice period in slip and fall claims from 2 years to 60 days

Read More
Dec 18, 2020
Featured Insight

Ontario Court of Appeal Provides Guidance on Bringing Anti-SLAPP Motions

The Ontario Court of Appeal offers guidance on how courts should approach anti-SLAPP motions brought by defendants.

Read More
Nov 26, 2020
Featured Insight

Another Leap Forward for Canadian Privacy Laws

The Digital Charter Implementation Act, 2020 received its first reading in the House of Commons. If passed, the Act will radically change Canadian Privacy Law.

Read More
Nov 19, 2020
Featured Insight

‘But to What Effect?’ The Supreme Court of Canada Clarifies the Anti-deprivation Rule in Chandos

The authors discussion of the Supreme Court of Canada's decision in Chandos Construction affirming the anti-deprivation rule and consider its implications

Read More
Nov 16, 2020
Featured Insight

Bears v. Bulls: Secondary Market Securities Class Actions in Ontario

A high-level overview of secondary market class actions under the Ontario Securities.

Read More
Nov 11, 2020
Featured Insight

SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to Corporations

Summary of the recent Supreme Court of Canada decision of Quebec (Attorney General) v. 9147-0732 Québec inc. and implications on corporate liability.

Read More
Nov 10, 2020
Featured Insight

Worst Trip Ever! Another Misclassification Class Action Gets Certified

Yet another employment misclassification case has been certified as a class action in Ontario in Montaque v Handa Travel Student Trip Ltd.

Read More
Nov 9, 2020
Featured Insight

No Compensable Loss? No Class Action – Maginnis v FCA Canada

This bulletin discusses the decision in Maginnis v FCA Canada, where the court refused to certify an automotive class action for a lack of compensable loss.

Read More
Nov 5, 2020
Featured Insight

The Intersection between Drop-Shipping and Patent Infringement

The drop-shipping business model is picking up steam in the online world. But is it immune from the reaches of patent law? Find out in this bulletin.

Read More
Nov 4, 2020
Featured Insight

Court Reinstates Million Dollar Damages Award to Constructively Dismissed Employee

Matthews v Ocean Nutrition Canada Ltd. recently set a very high bar for employers seeking to limit an employee's
common law right to bonus payments

Read More
Oct 15, 2020
Featured Insight

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

Read More
Oct 13, 2020
Featured Insight

Domain Name Disputes in Canada: Considerations for Non-Canadian Entities

For non-Canadian companies looking to do business in Canada, securing a ".ca" domain name should be a natural part of their IP strategy.

Read More
Oct 6, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Read More
Oct 6, 2020
Featured Insight

Material Changes to Ontario’sClass Proceedings Act – What You Need to Know

Material changes to the Ontario Class Proceedings Act in force October 1, 2020.

Read More
Oct 2, 2020
Featured Insight

British Columbia Modernizes Its Arbitration Act

The New Arbitration Act came into force on September 1, 2020 and this article explains its significant changes to the former Act, closing gaps and deficiencies.

Read More
Sep 29, 2020
Featured Insight

Out with the New, In with the Old: The F.C.A. provides Clarity on its Ability to interpret Contracts

The FCA re-affirms the Kellogg and Clopay decisions regarding the Federal Court's ability to interpret contracts. For more details, please read the bulletin.

Read More
Sep 28, 2020
Featured Insight

Web of Lies

How to deal with an uncooperative witness in pre-trial undertakings.

Read More
Sep 23, 2020
Featured Insight

Beware of a Potential New Duty of Care for Investment Fund Managers – Six Takeaways from Wright v. Horizons

Review of Wright v. Horizons and potential future implications on IFAM industry.

Read More
Sep 23, 2020
Featured Insight

Alberta Court of Appeal Uses Blue Pencil to Save Non-Compete

Alberta's Court of Appeal has applied the seldom-used "blue pencil" doctrine in order to save a non-competition covenant from being struck down.

Read More
Sep 5, 2020
Featured Insight

Update: Ontario Resumes Limitation Periods and Procedural Deadlines

Ontario limitation periods and procedural deadlines will resume running on September 14, 2020.

Read More
Aug 25, 2020
Featured Insight

Substantial Breaches Under Article 342 CCP

By virtue of article 342 CCP, courts can sanction substantial breaches of procedural obligations by awarding extra-judicial costs.

Read More
Aug 8, 2020
Featured Insight

The Splintering of Canadian Insolvency Law: Quebec Court of Appeal Confirms Expiry of Provincial Notice Periods are a Pre-Condition to Appointment of a BIA Receiver

The Quebec court of appeal's ruling in Séquestre de Media5 Corporation has profound implications for the enforcement of secured creditor remedies in Quebec.

Read More
Aug 6, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Read More
Aug 5, 2020
Featured Insight

COVID-19 and Commercial Rents: The Court Decides. Amicable Resolutions are Recommended

The Superior Court of Quebec decides a case about the effects of COVID-19 on commercial rents.

Read More
Jul 24, 2020
Featured Insight

Supreme Court of Canada Affirms the Genetic Non-Discrimination Act, Weighing Autonomy, Privacy, and Accessibility of Insurance

Impacts on insurers from recent decision in which SCC upholds protections for privacy and autonomy through the Genetic Non-Discrimination Act

Read More
Jul 22, 2020
Featured Insight

Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition Act

The Immunity and Leniency Programs under the Competition Act[1] are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada (“PPSC”) in the detection and prevention of criminal anti-competitive behaviour.

Read More
Jul 20, 2020
Featured Insight

Trademarks: ‘HERBS R US Design’ Found to Depreciate the Goodwill attaching to the ‘TOYS R US Design’

In this case, TOYS R US demonstrated that a third party's use of a similar mark likely had the effect of depreciating its goodwill. Find out more here.

Read More
Jul 15, 2020
Featured Insight

Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board

The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.

Read More
Jul 13, 2020
Featured Insight

Construction Trusts Can Apply to Funds Received by CCAA Monitor: the Court of Appeal’s Decision in Urbancorp

There is good news from the Ontario Court of Appeal for contractors dealing with insolvent owners

Read More
Jul 13, 2020
Featured Insight

Supreme Court of Canada’s Uber Ruling Provides a Roadmap to Navigate between Arbitration and Class Actions

Discussion of the effect of the Supreme Court of Canada's decision re Uber drivers class action which invalidated a widely used arbitration clause

Read More
Jun 29, 2020
Featured Insight

Preliminary Dismissal of an Expert Report in Quebec Law

Preliminary dismissal of an expert report, art. 241 CPC, irregularity, substantial error and bias, 10 day time limit

Read More
Jun 23, 2020
Featured Insight

The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts

The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts

Read More
Apr 24, 2020
Featured Insight
h4>Managing Disputes During COVID-19

While disputes are an unavoidable risk of doing business, companies need to know how to protect their interests during this time of uncertainty.

Apr 21, 2020
Featured Insight

Stop the Clocks! What Does the Suspension of Civil Delays in Québec Mean for You?

On March 13, the Province of Québec declared a public health emergency due to the COVID-19 pandemic pursuant to article 118 of Québec’s Public Health Act.

Read More
Apr 21, 2020
Featured Insight

Canadian White-collar Crime Perspectives: Government Investigations and COVID-19

This piece explores the likely impact of COVID-19 on white-collar crime issues in Canada and how regulators are reacting to the pandemic.

Read More
Apr 16, 2020
Featured Insight

Show Me the Money: Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks

The emergency provision which had the unintended effect of preventing release of construction holdbacks is being reversed.

Read More
Apr 10, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

Read More
Apr 8, 2020
Featured Insight

Pivoting Production to Address COVID-19 Shortages – What Manufacturers and Distributors Need to Know

Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers

Read More
Apr 7, 2020
Featured Insight

Bank Liable in Canada’s Largest Unpaid Overtime Class Action

The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.

Read More
Apr 6, 2020
Featured Insight

Heading Towards an Epidemic of Class Actions

In the field of class actions, new actions are being undertaken, adding an additional challenge to businesses.

Read More
Apr 3, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

Read More
Apr 3, 2020
Featured Insight

Holdbacks in the time of COVID-19: Potential Impacts of Emergency Measures on BC

The bulletin discusses British Columbia's temporary suspension of limitation periods and civil deadlines, and how this suspension could impact BC construction.

Read More
Apr 2, 2020
Featured Insight

Caught by Release: Franchisees Can’t Have Their Cake and Eat It Too

New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.

Read More
Mar 30, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

Read More
Mar 29, 2020
Featured Insight

Supreme Court of Canada Grants Leave to Appeal in “Canada North” CCAA Priming Charges vs. Payroll Deductions Case

Canada North, CCAA, payroll deductions, deemed trust, priority, Companies' Creditors Arrangement Act, Supreme
Court of Canada

Read More
Mar 27, 2020
Featured Insight

COVID-19: New Emergency Rules for Operating Businesses in BC: How to Comply with BC’s “Essential Business” and Public Health Orders

This bulletin discusses how to keep your business open by complying with BC government emergency orders and public health orders during the COVID-19 pandemic.

Read More
Mar 27, 2020
Featured Insight

COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec

An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.

Read More
Mar 25, 2020
Featured Insight

Can I Safely Release Holdback in Ontario After March 16, 2020?

The new Ontario Regulation suspending the expiry of limitation periods may stop the release of holdback pursuant to the Construction Act.

Read More
Mar 24, 2020
Featured Insight

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

Read More
Mar 23, 2020
Featured Insight

COVID-19: Ontario Suspends Limitation Periods and Procedural Deadlines

Ontario Government made an order suspending limitation periods and procedural deadlines in proceedings in Ontario.

Read More
Mar 22, 2020
Featured Insight

Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law

COVID-19 will strain the construction industry. This bulletin explores how insolvency and restructuring concepts interact with construction law.

Read More
Mar 20, 2020
Featured Insight

Managing Supply Chain Disruptions: The Importance of Force Majeure and Dispute Resolution Clauses

As the impact of COVID-19 becomes more severe, companies must pay close attention to "boilerplate" provisions in their contracts dealing with force majeure.

Read More
Mar 19, 2020
Featured Insight

PLEASE READ: Waivers of Liability Must Be Clearly Identified To Be Effective

Waivers of Liability Must be Clearly Identified to be Effective

Read More
Mar 19, 2020
Featured Insight

The Tort of Conversion in the Electronic Age: A Case Study

The British Columbia Supreme Court has found that the tort of conversion must include wrongful interference with intangible goods. Read more here.

Read More
Mar 12, 2020
Featured Insight

COVID-19 – Employer Considerations & Planning for Work Disruption

Help for businesses to identify issues & suggest risk mitigation steps regarding the COVID-19 outbreak & the potential for economic & operational disruption

Read More
Mar 11, 2020
Featured Insight

Coronavirus – A Preparedness and Response Guide for Canadian Businesses

What steps should corporations take to mitigate the risks posed by COVID-19 to the health and safety of their workforce and contractual obligations.

Read More
Mar 9, 2020
Featured Insight

Deferred Prosecution Agreements Take Off Abroad: Airbus Penalties Exceed $5 Billion

Canadian organizations and prosecutors continue to wait to see how Canada’s deferred prosecution regime will play out (see our July 2018 bulletin for an overview of the legislation).

Read More
Mar 4, 2020
Featured Insight

What Are “Moral Damages” Worth? Quebec Court of Appeal Limits when Consumers’ Frustration Constitutes a Recoverable Harm

The Quebec Court of Appeal's decision in Meubles Léon v. Options Consommateurs sheds light on when a "moral damage" is recoverable.

Read More
Mar 2, 2020
Featured Insight

An Unsigned Certificate Remains a Fatal Franchise Disclosure Document Flaw in a Post-Raibex World

An Ontario Superior Court decision confirms that an unsigned certificate accompanying a Franchise Disclosure Document can constitute a fatal flaw entitling a franchisee to rescind the agreement.

Read More
Feb 19, 2020
Featured Insight

Deferred Prosecution Agreements: Canada Provides Some Clarity, But Many Questions Remain

This bulletin describes recently issued Guideline 3.21 on remediation agreements and compares Canadian deferred prosecution guidance with other jurisdictions.

Read More
Feb 6, 2020
Featured Insight

Old Consideration Is No Consideration for Changes to Employee Contract

The British Columbia Court of Appeal considered for the first time whether the requirement for fresh consideration can be waived in an employment context.

Read More
Feb 4, 2020
Featured Insight

The Supreme Court of Canada Will Revisit the Duty of Good Faith Six Years After Bhasin

The authors discuss two appeals to the Supreme Court of Canada regarding the scope and nature of the contratual duty of good faith.

Read More
Jan 31, 2020
Featured Insight

Inadequate Workplace Harassment Investigation Results in $75,000 Damage Award

A recent decision of the Manitoba Human Rights Commission emphasizes the importance of developing a clear plan at the outset of a workplace investigation.

Read More
Jan 28, 2020
Featured Insight

Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem

Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.

Read More
Jan 7, 2020
Featured Insight

Sorry Not Sorry: Ontario Decision Highlights “Aggravating Factors” in Sexual Harassment Cases

An Ontario Court has upheld the termination of a 30-year employee with a clean disciplinary record following a single incident of sexual harassment.

Read More
Jan 7, 2020
Featured Insight

Happy New Year! Supreme Court Limits Employers’ Duty to Inspect Work Places

The Supreme Court has confirmed that an employer's obligation to conduct safety inspections only applies to work places over which the employer has control.

Read More
Jan 2, 2020
Featured Insight

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

Read More
Dec 19, 2019
Featured Insight

No Insider Trading Without Clear Evidence

"The Ontario Securities Commission's decision on insider trading and importance of clear, convincing and cogent
evidence."

Read More
Dec 19, 2019
Featured Insight

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

Read More
Dec 16, 2019
Featured Insight

Ontario Court Suggests Terminated Salespeople are Fish Out of Water

Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.

Read More
Dec 16, 2019
Featured Insight

The International Lis Pendens Exception in Quebec Private International Law at the Dawn of 2020

Overview of the recent decision of the Supreme Court of Canada in R.S. v. P.R., 2019 SCC 49 regarding the international lis pendens exception in Quebec private international law.

Read More
Dec 3, 2019
Featured Insight

Ontario Makes Changes to Court Procedures

Ontario Makes Changes to Court Procedures

Read More
Nov 4, 2019
Featured Insight

When is Mediation Mandatory? A Comparative Analysis of Mandatory Mediation Across Canada

Alternatives to trials for resolutions when the parties are reasonable and realistic.

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Oct 29, 2019
Featured Insight

It’s Not What You Asked, It’s How You Asked It: Employer Pays the Price for Asking Human Rights-Based Questions of Job Applicant

A recent decision of Ontario's Human Rights Tribunal may have some employers rethinking how they frame questions to job applicants.

Read More
Oct 7, 2019
Featured Insight

Now We Know Who Owns the Copyright in a Registered Plan of Survey

The bulletin considers the Supreme Court of Canada's decision that the copyright in a plan of survey registered in Ontario is owned by the Ontario government.

Read More
Oct 1, 2019
Featured Insight

The Fixed-Term Employment Contract: It’s Your Funeral

Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts.

Read More
Sep 25, 2019
Featured Insight

Real Estate Developments: Challenges and Potential Solutions

Real Estate Developments: Challenges and Potential Solutions.

Details
September 24, 2019 - 8:30 am to 1:30 pm ET
Featured Insight

Last Chance for Late National Phase Entry into Canada

It is official - Canada's new Patent Rules will come into force on October 30, 2019.

Read More
Aug 9, 2019
Featured Insight

The Supreme Court of Canada rules on the distinction between an employee and an independent contractor or franchisee in Québec pursuant to a franchise agreement

The Supreme Court of Canada rules on the distinction between an employee and an independent contractor or franchisee in Québec pursuant to a franchise agreement

Read More
Jul 31, 2019
Featured Insight

Deferred Prosecution Agreements and the “National Economic Interest”

Deferred prosecution agreements (“DPA”) have been a hot topic lately, owing largely to the attention that the agreements have received in relation to the SNC-Lavalin prosecution.

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Jun 26, 2019
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

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Jun 4, 2019
Featured Insight

Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory

The British Columbia Supreme Court (“Court”) recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers Life Insurance (“Leonard”).

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Jun 1, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.

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May 10, 2019
Featured Insight

The Next Wave of US Extraterritorial Sanctions regarding Cuba – Potential Impacts for Canadian Companies

On May 2, 2019, after 22 years of semi-annual deferrals by multiple presidents, the United States brought Title III of its Helms-Burton Act into force.

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May 6, 2019
Featured Insight

Canadian Transportation Agency rules on Vancouver rail embargoes in first own motion investigation

The Canadian Transportation Agency (Agency) has issued a Determination (see the Agency’s corresponding announcement here) following its investigation into freight rail service in the Vancouver area.

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Apr 16, 2019
Featured Insight

Life is not Fair: Unsuccessful Proponent Admits Non-Compliance with RFP, But Sues Fairness Advisor Anyways

Modern public procurements, particularly in the public-private partnership model, typically involve a third party fairness advisor.

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Apr 12, 2019
Featured Insight

Regulations Implementing theTransportation Modernization Act

On April 1, 2019, the Canadian Transportation Agency (“Agency”) announced the publication of proposed regulations (the “Proposed Regulations”) in the Canada Gazette to implement certain aspects of the Transportation Modernization Act (Bill C-49) (“TMA”).

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Apr 11, 2019
Featured Insight

No “Piggybacking” to Avoid B2B Arbitration: Supreme Court of Canada Affirms Enforceability of Arbitration Clauses despite Related Class Action

In its recent 5-4 decision, the Supreme Court of Canada ruled that courts must enforce valid arbitration agreements between businesses.

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Apr 9, 2019
Featured Insight

“Disguised expropriation” issues in an era of large infrastructure projects

Participants will benefit from the advice of the panelists on the steps to be taken when facing public authorities and the compensation they can expect.

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March 22, 2019 - 7:45 am to 9:15 am
Featured Insight

SCC Confirms a “Deal is a Deal”: Party Not Allowed to Re-Negotiate a Contract Because it No Longer Liked the Terms

In Churchill Falls (Labrador) Corp v Hydro-Québec, the SCC upheld the terms of a nearly 50 year old contract and confirmed the adage, "a deal is a deal."

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Nov 26, 2018
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

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Nov 1, 2018
Featured Insight

Head of the Class: Changes to BC’s Class Proceedings Act

British Columbia's Class Proceeding Act is changing effective October 1, 2018. These amendments are expected to have major impacts on class proceedings in BC

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Sep 26, 2018
Featured Insight

Deferred Prosecution Agreements: A French Approach to Considering the Public Interest

Deferred Prosecution Agreements (“DPAs”) became household conversation in 2018 when Canada’s Director of Public Prosecutions (the “DPP”) declined to pursue a DPA in the SNC-Lavalin prosecution.

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Sep 23, 2018
Featured Insight

No Injunction For You – Recent Victory for Franchisors Seeking to Terminate Franchise Agreements

July 2018, a recent decision by the Ontario Superior Court gives guidance to when the courts will refrain from granting interlocutory injunctions to franchisees

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Jul 10, 2018
Featured Insight

Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?

Agreements of Purchase and Sale in real estate transactions typically state what happens when a party breaches its terms. However...

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Jul 6, 2018
Featured Insight

Deferred Prosecution Agreements – A New Canadian Regime

With the growing sophistication and globalization of corporations, countries are increasingly looking for new methods to combat and prosecute corporate crime.

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Jul 4, 2018
Featured Insight

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business

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Jun 15, 2018
Featured Insight

No Strata Supermajority Needed to Hire Realtor, B.C. Supreme Court Confirms

The B.C. Supreme Court recently confirmed that a strata council only needs a simple majority of owners to authorize the council to hire a realtor to solicit.

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Jun 11, 2018
Featured Insight

The Supreme Court of Canada Set To Reconsider Judicial Review

The Supreme Court's decision will have important implications on parties who find themselves appealing a tribunal or administrative decision.

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May 18, 2018
Featured Insight

New Regulations Add Detail to the Construction Lien Amendment Act

Construction Lien Act changes including the introduction of a prompt payment regime, adjudication, existing holdback, lien preservation and perfection periods, bonding, and trust provisions

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Apr 27, 2018
Featured Insight

Recent Privacy Concerns Call for Increased Transparency and Control

In the midst of the Cambridge Analytica data scandal, businesses should consider whether their data handling practices are consistent with user expectations

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Apr 26, 2018
Featured Insight

What Can The Law Do About ‘Deepfake’?

Face-swapping videos possible by software technology using machine-learning algorithms to analyze photographs of subject learning the map of the subject face and superimposing subject face to video

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Mar 30, 2018
Featured Insight

Think twice before obtaining a labour and material payment bond – new liability for an old security

Filing away procured labour and material payment bonds without taking proactive steps to notify claimants of the bond's existence exposes owners to claims from unpaid subcontractors

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Mar 26, 2018
Featured Insight

Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA

Stormy Daniels launches complaint asking a California court to find the NDA invalid and confirm she was free to speak publicly about an alleged 2006 sexual affair with Mr. Trump

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Mar 22, 2018
Featured Insight

BC excavator’s court case takes a dig at municipal procurement policies undermined by the CFTA & CETA

Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock bottom?

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Mar 21, 2018
Featured Insight

BC Court of Appeal Rules Absolute Privilege Precludes Claim for Breach of Privacy

The British Columbia Court of Appeal rules that absolute privilege precludes claim for breach of privacy.

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Mar 8, 2018
Featured Insight

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

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Feb 14, 2018
Featured Insight

Ontario Court of Appeal Provides Guidance on Insider Trading and Tipping in Finkelstein v. OSC

When should one ought to know that their tip is from an insider?

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Feb 12, 2018
Featured Insight

Ontario’s Whistleblower Regime: Civil Cause of Action for Reprisals Now Possible

New statutory cause of action added to Ontario's securities legislation, meaning that reprisal claims by whistleblowers may be filed in court or through arbitration.

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Feb 6, 2018
Featured Insight

Ontario Court of Appeal Finds for Franchisors: Imperfect Disclosure is Not Equivalent to No Disclosure

On January 25, 2018 the Ontario Court of Appeal released its eagerly-anticipated decision in Raibex Canada Ltd. v ASWR Franchising Corp.

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Feb 1, 2018
Featured Insight

Canada’s Global CSR Cop? The Proposed Canadian Ombudsperson for Responsible Enterprise

January 2018-Government of Canada announced creation of independent Canadian Ombudsperson for Responsible Enterprise-claims is first of its kind in the world.

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Jan 24, 2018
Featured Insight

Ontario Court Provides Some Guidance as to Due Diligence in Health and Safety Charges

Ontario Court dismisses Occupational Health and Safety Act charge in work fatality finding that employer established due diligence in the circumstances

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Jan 15, 2018
Featured Insight

Winter is coming – and so is Ontario’s New Construction Act

Winter is coming – and so is Ontario's new Construction Act

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Dec 19, 2017
Featured Insight

Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal

Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal

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Dec 11, 2017
Featured Insight

Supreme Court of Canada Confirms Expansive Protections Against Discrimination Regarding Employment

Supreme Court of Canada Confirms Expansive Protections Against Discrimination Regarding Employment

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Dec 10, 2017
Featured Insight

Working Notice: Class Action Succeeds in Challenging When Clock Starts

Working Notice: Class Action Succeeds in Challenging When Clock Starts

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Dec 6, 2017
Featured Insight

Back to Patent Basics: The FCA re-affirms the Obviousness Test in Canada

Back to Patent Basics: The FCA re-affirms the Obviousness Test in Canada

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Dec 6, 2017
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Changes to Ontario’s Franchise Legislation: Bill 154 Receives Royal Assent

Changes to Ontario's Franchise Legislation: Bill 154 Receives Royal Assent

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Nov 29, 2017
Featured Insight

Bonus Claims: Past Practice Gets A Boost

Bonus Claims: Past Practice Gets A Boost

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Nov 13, 2017
Featured Insight

Changes to Ontario’s Franchise Legislation Are Underway

Changes to Ontario's Franchise Legislation: Bill 154 Receives Royal Assent

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Oct 3, 2017
Featured Insight

Supreme Court Justices Drop the Gloves Over Tariff Classification

Supreme Court Justices Drop the Gloves Over Tariff Classification

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Sep 13, 2017
Featured Insight

Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury

Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury

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Sep 11, 2017
Featured Insight

BC Court of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence to Prove Compensable Mental Injury

BC Court of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence to Prove Compensable Mental Injury

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Sep 7, 2017
Featured Insight

In Case You Missed It: Significant Changes to Alberta’s Workplace Laws Are Coming

In Case You Missed It: Significant Changes to Alberta's Workplace Laws Are Coming

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Aug 8, 2017
Featured Insight

SCC Confirms Directors Can Be Personally Liable in Cases of Oppression

SCC Confirms Directors Can Be Personally Liable in Cases of Oppression

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Jul 18, 2017
Featured Insight

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

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Jul 11, 2017
Featured Insight

The Promise Doctrine: Invalidated for Want of Utility

Compliant at this Time: Canada's Options Regarding its Treaty Obligations and the Legalization and Regulation of Non-Medical Cannabis

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Jul 6, 2017
Featured Insight

The New Frontier of Jurisdiction: Supreme Court of Canada Upholds Worldwide Injunction Against Google

The New Frontier of Jurisdiction: Supreme Court of Canada Upholds Worldwide Injunction Against Google

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Jun 30, 2017
Featured Insight

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

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Jun 29, 2017
Featured Insight

No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

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Jun 22, 2017
Featured Insight

Manage the Baby Boom or Bust: Strategies for Dealing with Termination and Retirement of the Aging Workforce

Manage the Baby Boom or Bust: Strategies for Dealing with Termination and Retirement of the Aging Workforce

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Jun 19, 2017
Featured Insight

What’s in a Name? When Profit Sharing “Insurance” is not Insurance under the Insurance Act

What's in a Name? When Profit Sharing "Insurance" is not Insurance under the Insurance Act

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Jun 16, 2017
Featured Insight

“She Got a Break Today” – Court Refuses to Deduct Earnings During Notice Period

"She Got a Break Today" - Court Refuses to Deduct Earnings During Notice Period

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Jun 14, 2017
Featured Insight

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

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Jun 13, 2017
Featured Insight

Ontario Court of Appeal to Franchisors: “Comply with your disclosure requirements, or else…”

Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."

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Jun 9, 2017
Featured Insight

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

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Jun 7, 2017
Featured Insight

Unions Do Not Have a General Right to Notice of Accommodation Requests

Unions Do Not Have a General Right to Notice of Accommodation Requests

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Jun 2, 2017
Featured Insight

Bill C-49: Is the Line Haul Interswitching Remedy Really New?

Regulators Rethink "Best Interest" Standard for Registrants

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May 30, 2017
Featured Insight

Rolling Liability for Continuous Breaches of Commercial Leases

Rolling Liability for Continuous Breaches of Commercial Leases

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May 24, 2017
Featured Insight

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

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May 16, 2017
Featured Insight

New Federal Court Notice on Trial Management Guidelines

New Federal Court Notice on Trial Management Guidelines

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May 4, 2017
Featured Insight

No Security for Costs for Defendants With Trust Funds

No Security for Costs for Defendants With Trust Funds

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May 1, 2017
Featured Insight

Get Out and Vote: Employer Obligations on B.C. Election Day

Get Out and Vote: Employer Obligations on B.C. Election Day

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May 1, 2017
Featured Insight

Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA

Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA

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Apr 25, 2017
Featured Insight

Calling All Small Claims: British Columbia’s Civil Resolution Tribunal Looks to Take on Low-Value Small Claims Disputes

Calling All Small Claims: British Columbia's Civil Resolution Tribunal Looks to Take on Low-Value Small Claims Disputes

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Apr 17, 2017
Featured Insight

New Act Modernizes Ontario’s International Arbitration Regime

New Act Modernizes Ontario's International Arbitration Regime

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Apr 10, 2017
Featured Insight

Can a Manager be a Member of a Certified Association?

Can a Manager be a Member of a Certified Association?

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Mar 13, 2017
Featured Insight

We’ve Overpaid, Now What? OLRB Confirms Employers’ Obligations in Addressing Pension Overpayments

We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments

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Mar 3, 2017
Featured Insight

No Construction Liens on Foreign Government Land in Ontario

No Construction Liens on Foreign Government Land in Ontario

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Mar 1, 2017
Featured Insight

Why use this slogan anywhere else?

Why use this slogan anywhere else?

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Feb 14, 2017
Featured Insight

Broken Break Fee: Investor’s Claim for a Break Fee Denied in CCAA Proceeding

Broken Break Fee: Investor's Claim for a Break Fee Denied in CCAA Proceeding

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Feb 8, 2017
Featured Insight

Avoiding Liability when using Keyword Advertising

Avoiding Liability when using Keyword Advertising

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Feb 6, 2017
Featured Insight

Tips for Supporting an Employee’s Application for Provincial Nomination from Recent BC PNP Decision

Tips for Supporting an Employee's Application for Provincial Nomination from Recent BC PNP Decision

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Feb 3, 2017
Featured Insight

No Easy Way Around Separate Corporate Personality: Ontario Court Releases its Decision in Yaiguaje v. Chevron

No Easy Way Around Separate Corporate Personality: Ontario Court Releases its Decision in Yaiguaje v. Chevron

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Feb 3, 2017
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

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Jan 30, 2017
Featured Insight

Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

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Jan 28, 2017
Featured Insight

Employment Agreement Can Include Cover Email Presenting It

Employment Agreement Can Include Cover Email Presenting It

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Jan 24, 2017
Featured Insight

Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding

Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding

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Jan 17, 2017
Featured Insight

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

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Jan 11, 2017
Featured Insight

No Avoidance in Delay: A Cautionary Tale for Plaintiffs with Dormant Files

No Avoidance in Delay: A Cautionary Tale for Plaintiffs with Dormant Files

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Jan 10, 2017
Featured Insight

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

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Dec 19, 2016
Featured Insight

New Regulatory Authority for Pensions on its Way

New Regulatory Authority for Pensions on its Way

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Nov 30, 2016
Featured Insight

Privilege wins out over Document Production Requests, Orders and FOI Legislation – SCC Confirms Status of Solicitor-Client Privilege and Litigation Privilege

Privilege wins out over Document Production Requests, Orders and FOI Legislation - SCC Confirms Status of Solicitor-Client Privilege and Litigation Privilege

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Nov 30, 2016
Featured Insight

New SCC Decision on Oppression Remedy is Instructive for Closely-Held Private Companies

New SCC Decision on Oppression Remedy is Instructive for Closely-Held Private Companies

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Nov 25, 2016
Featured Insight

Board of Directors in Condo Corporations Rule

Board of Directors in Condo Corporations Rule

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Nov 23, 2016
Featured Insight

Impacts of the Supreme Court’s Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing

Impacts of the Supreme Court's Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing

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Nov 14, 2016
Featured Insight

Subcontractors May Unknowingly Lack General Lien Rights

Subcontractors May Unknowingly Lack General Lien Rights

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Nov 3, 2016
Featured Insight

Post Up: Creditor Ordered to Deposit Security for Costs in British Columbia Bankruptcy Proceeding

Post Up: Creditor Ordered to Deposit Security for Costs in British Columbia Bankruptcy Proceeding

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Oct 26, 2016
Featured Insight

Demystifying the Federal Government’s Assisted Dying Legislation and the New Lawsuit Challenging its Constitutional Validity

Demystifying the Federal Government's Assisted Dying Legislation and the New Lawsuit Challenging its Constitutional Validity

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Oct 26, 2016
Featured Insight

Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market

Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

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Oct 17, 2016
Featured Insight

Fraud Overcomes All

Fraud Overcomes All

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Oct 16, 2016
Featured Insight

Standard of Review Reform: Maybe Another Time?

Standard of Review Reform: Maybe Another Time?

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Oct 13, 2016
Featured Insight

Franchise Legislation has Arrived in British Columbia

Franchise Legislation has Arrived in British Columbia

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Oct 6, 2016
Featured Insight

Competition Bureau Issues Consent Agreement Template

Competition Bureau Issues Consent Agreement Template

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Sep 29, 2016
Featured Insight

Wrongful Quitting: Can Your Employee Suddenly Walk Out the Door?

Wrongful Quitting: Can Your Employee Suddenly Walk Out the Door?

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Sep 27, 2016
Featured Insight

Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation

Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation

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Sep 26, 2016
Featured Insight

Make sure you follow the proper procedure if you want to claim for extras and delay costs

Make sure you follow the proper procedure if you want to claim for extras and delay costs

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Sep 15, 2016
Featured Insight

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

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Aug 24, 2016
Featured Insight

The Govt of Canada Extends the Fair Rail for Grain Farmers Act

The Govt of Canada Extends the Fair Rail for Grain Farmers Act

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Aug 23, 2016
Featured Insight

Employee Can’t Have Cake and Eat It Too: Court Strikes Employee’s Claims for Lack of Jurisdiction

Employee Can't Have Cake and Eat It Too: Court Strikes Employee's Claims for Lack of Jurisdiction

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Aug 18, 2016
Featured Insight

September is BC Disability Employment Month – Is Your Business Aware of Government Efforts to Create a More Inclusive, Diverse, and Accessible Workforce?

September is BC Disability Employment Month – Is Your Business Aware of Government Efforts to Create a More Inclusive, Diverse, and Accessible Workforce?

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Aug 16, 2016
Featured Insight

From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

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Aug 9, 2016
Featured Insight

No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules

No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules

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Jul 20, 2016
Featured Insight

Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal

Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal

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Jul 15, 2016
Featured Insight

Foreign Corruption: Canada’s Top Court Shields Top Bank and Whistleblowers

Foreign Corruption: Canada's Top Court Shields Top Bank and Whistleblowers

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Jul 5, 2016
Featured Insight

Perfection is Critical to Maintaining Priority Over Judgment Creditors

Perfection is Critical to Maintaining Priority Over Judgment Creditors

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Jun 17, 2016
Featured Insight

Ontario Court of Appeal Upholds Landmark Human Rights Decision: Reinstatement with Full Back Pay After a 14 Year Absence

Ontario Court of Appeal Upholds Landmark Human Rights Decision: Reinstatement with Full Back Pay After a 14 Year Absence

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Jun 8, 2016
Featured Insight

Good Faith in Contracting: A Reminder that it’s Process that Matters

Good Faith in Contracting: A Reminder that it's Process that Matters

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Jun 7, 2016
Featured Insight

New Rules for Asset Sales by Insolvent Producers (at least for now)

New Rules for Asset Sales by Insolvent Producers (at least for now)

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May 24, 2016
Featured Insight

Federally Regulated Employers: Policy and Other Requirements for the Prevention of Violence and Sexual Harassment in the Workplace

Federally Regulated Employers: Policy and Other Requirements for the Prevention of Violence and Sexual Harassment in the Workplace

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May 2, 2016
Featured Insight

British Columbia Employers: Requirements for the Prevention of Bullying, Harassment and Violence in the Workplace

British Columbia Employers: Requirements for the Prevention of Bullying, Harassment and Violence in the Workplace

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May 2, 2016
Featured Insight

Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?

Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?

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Apr 29, 2016
Featured Insight

Contractors’ Duty to Seek Payment Under Provisional Payment Clauses

Contractors' Duty to Seek Payment Under Provisional Payment Clauses

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Apr 28, 2016
Featured Insight

Big Changes Coming to Canadian Franchise Legislation

Big Changes Coming to Canadian Franchise Legislation

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Apr 25, 2016
Featured Insight

Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)

Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)

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Apr 6, 2016
Featured Insight

Owners and Developers Take Note: Changes to BC’s Strata Property Act Coming Soon

Owners and Developers Take Note: Changes to BC's Strata Property Act Coming Soon

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Apr 5, 2016
Featured Insight

Subcontractors’ Breach of Trust Actions – Time May Be Shorter Than You Think

Subcontractors' Breach of Trust Actions – Time May Be Shorter Than You Think

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Apr 4, 2016
Featured Insight

Security for Costs of an Appeal: Frivolous Helps, But Isn’t Necessary

Security for Costs of an Appeal: Frivolous Helps, But Isnt Necessary

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Mar 29, 2016
Featured Insight

Let the Experts Explain the Benefits

Let the Experts Explain the Benefits

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Mar 23, 2016
Featured Insight

A Refresher on an Employee’s Duty to Mitigate

A Refresher on an Employees Duty to Mitigate

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Mar 18, 2016
Featured Insight

The Privacy Commissioner’s Annual Report on the Privacy Act

The Privacy Commissioners Annual Report on the Privacy Act

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Feb 3, 2016
Featured Insight

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

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Feb 1, 2016
Featured Insight

BC Supreme Court Reminds Owners and Developers that Consumer Protection Plays an Important Role in the Strata Property Act

BC Supreme Court Reminds Owners and Developers that Consumer Protection Plays an Important Role in the Strata Property Act

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Jan 27, 2016
Featured Insight

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

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Dec 18, 2015
Featured Insight

The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy

The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy

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Dec 11, 2015
Featured Insight

British Columbia Lawsuit by Guatemalan Plaintiffs Against Tahoe Resources Inc. Stayed on Forum Non Conveniens Grounds

British Columbia Lawsuit by Guatemalan Plaintiffs Against Tahoe Resources Inc. Stayed on Forum Non Conveniens Grounds

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Nov 24, 2015
Featured Insight

When Does Access Become Frivolous?

When Does Access Become Frivolous?

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Nov 10, 2015
Featured Insight

Security Breach Implicating Personal Information: Which Injuries are Compensable?

Security Breach Implicating Personal Information: Which Injuries are Compensable?

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Sep 15, 2015
Featured Insight

Vicarious Liability: Restricted Use of Vehicles Will Not Shield Owners from Liability

Vicarious Liability: Restricted Use of Vehicles Will Not Shield Owners from Liability

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Sep 14, 2015
Featured Insight

It’s a “like”: Facebook Class Certification Overturned by Appeal Court

A BC Court of Appeal, a class action was de-certified involving a claim by Facebook users who allege their images were used in advertising without consent.

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Sep 10, 2015
Featured Insight

No Canadian Connection? No Problem! Supreme Court Permits Actions to Enforce Foreign Judgments Without Proof of Canadian Assets or Other Links

No Canadian Connection? No Problem! Supreme Court Permits Actions to Enforce Foreign Judgments Without Proof of Canadian Assets or Other Links

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Sep 9, 2015
Featured Insight

Arbitration Clauses and Shareholder Disputes: Are “Fussy Distinctions” Undermining Efficient Dispute Resolution?

Arbitration Clauses and Shareholder Disputes: Are "Fussy Distinctions" Undermining Efficient Dispute Resolution?

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Aug 27, 2015
Featured Insight

Restructuring a Franchise in Crisis: Court Dismisses Former Dealers’ Class Action Against General Motors

Restructuring a Franchise in Crisis: Court Dismisses Former Dealers Class Action Against General Motors

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Jul 23, 2015
Featured Insight

Equitable Remedies at Tribunals? Only if Statutory

Equitable Remedies at Tribunals? Only if Statutory

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Jul 22, 2015
Featured Insight

Commonality is Key: Class Proceeding Certification Denied

The British Columbia Court of Appeal, upheld a decision denying certification to a class action involving a consumer "cash-back" voucher program

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Jun 26, 2015
Featured Insight

What Fair is Fair? The Duty of Fairness Owed to RFP Proponents

What Fair is Fair? The Duty of Fairness Owed to RFP Proponents

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Jun 9, 2015
Featured Insight

June 1, 2015 Marks an Important Date for British Columbia’s “New” Limitation Act

This new act brought a number of changes to the default limitation regime in the BC, including shorter limitation periods and new discoverability requirements.

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Jun 3, 2015
Featured Insight

Certainty is on the Menu: Considerations for Lower Risk Service Contracts

Certainty is on the Menu: Considerations for Lower Risk Service Contracts

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Mar 31, 2015
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The Most Important Question is Why: the SCC Revisits Constructive Dismissal

The Most Important Question is Why: the SCC Revisits Constructive Dismissal

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Mar 16, 2015
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Diamonds are a Class Counsels Best Friend: Fairhurst v. Anglo American PLC

Diamonds are a Class Counsels Best Friend: Fairhurst v. Anglo American PLC

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Mar 13, 2015
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The Perils of Ignoring Faulty Offers to Settle: Expanded Discretion under Rule 49

The Perils of Ignoring Faulty Offers to Settle: Expanded Discretion under Rule 49

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Mar 12, 2015
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Playing for Time, or Paying for Time? – The Danger of Delay in Litigation

Playing for Time, or Paying for Time? – The Danger of Delay in Litigation

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Mar 11, 2015
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General Damages for Mental Distress: Coming to a Contract Breach Near You?

General Damages for Mental Distress: Coming to a Contract Breach Near You?

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Feb 24, 2015
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The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel

The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel

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Feb 17, 2015
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Supreme Court of Canada upholds solicitor-client privilege settling a 15 year dispute

Supreme Court of Canada upholds solicitor-client privilege settling a 15 year dispute

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Feb 15, 2015
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Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction

Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction

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Jan 31, 2015
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Tervita Corp v Canada – The Supreme Court of Canada’s First Merger Decision in 17 Years: An Efficient Outcome

Tervita Corp v Canada – The Supreme Court of Canada's First Merger Decision in 17 Years: An Efficient Outcome

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Jan 31, 2015
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Re MtGox: Using the BIA to Recognize Foreign Insolvency Proceedings

Re MtGox: Using the BIA to Recognize Foreign Insolvency Proceedings

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Jan 29, 2015
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Let’s Be Honest: The New Duty of Good Faith in Contractual Performance

The Supreme Court of Canada issued a landmark decision that dramatically impacts the obligations of all parties to commercial contracts in Canada.

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Nov 21, 2014
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The Essential Guide to Settlement in Canada

The Essential Guide to Settlement in Canada

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Dec 18, 2013
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Clarifying COMI: Locating a Debtor’s Centre of Main Interests

Clarifying COMI: Locating a Debtor's Centre of Main Interests

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Nov 13, 2012
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Seclusion intrusion: A common law tort for invasion of privacy

seclusion intrusion: a common law tort for invasion of privacy

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Jan 19, 2012
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Getting blood from a stone – Enforcing unpaid corporate judgments against directors

Getting blood from a stone – Enforcing unpaid corporate judgments against directors

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Jul 1, 2011