


Litigation & Dispute Resolution
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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Insights (364 Posts)
Fanning the Flames of Liability: The Ontario Court of Appeal Considers Product Liability Issues in Burr v. Tecumseh Products of Canada Limited
The decision of the Court of Appeal in Burr v. Tecumseh Products of Canada Limited, 2023 ONCA 135 provides a helpful overview of product liability law.
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Mar 20, 2023
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Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”
Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.
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Mar 15, 2023
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Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order
The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.
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Mar 8, 2023
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Substratum What Now?! Employee Promotions May Undermine Your Written Contracts
An Ontario decision warns employers about the costly consequences of promoting employees without updating their employment agreements.
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Mar 6, 2023
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One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed
Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.
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Mar 1, 2023
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As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP
Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.
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Mar 1, 2023
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Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations
Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.
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Feb 28, 2023
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Winter Walkers, Be Warned: Occupiers Benefit from Contributory Negligence Analysis
Recent decision in Wilson v. 356119 Ontario Ltd. et al. details occupiers' liability and contributory negligence analysis required for slip and fall actions.
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Feb 16, 2023
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Clear as Mud: The Legal Implications of Land Use Planning in Yukon
A January 31, 2023 decision of the Yukon Supreme Court has raised serious questions about how permitting decisions will be affected.
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Feb 13, 2023
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What’s in a Name: No Need to Sue Public Officials Individually
A discussion of the recent British Columbia’s Court of Appeal decision relating to bringing claims in misfeasance in public office.
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Feb 13, 2023
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Part 3 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Avraham Eisenberg Arrested and Sued
In Part 3 of this series, we describe two important developments in the Mango Markets story, demonstrating challenges DAOs have settling with exploiters.
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Feb 8, 2023
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Ontario Superior Court Clarifies “Unreasonable or Unjustifiable” Delay for Requisitioned Meetings
The Ontario Superior Court ordered First Capital to hold a special meeting of unitholders more than two months earlier than originally scheduled.
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Feb 7, 2023
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Franchising in Canada – 2022 Year in Review
In this update we summarize some of the more significant franchise law cases and legislative developments that occurred in 2022.
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Feb 6, 2023
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Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims
This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.
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Feb 2, 2023
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Let Them Roll: Dispute Settlement Panel Rules in Favour of Canada and Mexico on Automotive Rules of Origin and “Roll-Up” Method under CUSMA
Analysis of recent CUSMA panel decision on automotive rules of origin. Use of the roll-up method for core parts was in dispute between Canada, US and Mexico.
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Jan 24, 2023
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Quebec Superior Court Orders That Corporations Must Provide Information to Police – Even Where Data Stored Abroad
The Quebec Superior Court rules the American companies may have to produce documents stored abroad to aid in Canadian criminal investigations.
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Jan 24, 2023
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Cybersecurity Threats to the Canadian Mining Industry: Is your Business Ready?
Mining firms are vulnerable to cybersecurity attacks but through incident response planning can minimize the risk of exposure.
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Jan 10, 2023
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Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions
Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.
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Dec 22, 2022
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Modernization of the Investment Canada Act is Underway
The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.
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Dec 12, 2022
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Public Consultation Related to Proposed Amendments to the Trademarks Regulations in Canada
Public consultations on proposed amendments to the Canadian Trademark Regulations are underway. Please see this bulletin for more information.
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Dec 7, 2022
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Arbitration Clauses Should be Respected, Most of the Time: Supreme Court of Canada Shifts Focus Away From Single Proceeding Model for Insolvencies in Rendering Arbitration Clause Inoperative
The SCC has provided a framework on when arbitration clauses should be rendered inoperative in order to promote efficiency in an insolvency proceeding.
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Dec 5, 2022
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The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers
The Court of Appeal for Ontario released a trio of decisions that materially impact the viability of class actions following a data breach.
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Dec 1, 2022
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A Second Look at the Ontario Court of Appeal’s Decision Expanding Directors’ Duties
Directive actions would have been preferable to employing an ad hoc fiduciary duty analysis in the Ontario Court of Appeal's decision in Varma
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Nov 15, 2022
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No Goodwill Absent Use or Registration – Recent Decision Confirms Established Trademark Principles
Case comment on 2788610 Ontario Inc. v. Bhagwani [2022] O.J. No. 778. Interlocutory injunctions in trademark and passing off cases.
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Nov 11, 2022
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Squeaky “Clean”: Competition Bureau Combats Greenwashing
Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.
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Nov 10, 2022
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Supreme Court of Canada Hits Pause Button on Double Royalties Payable by Online Music Service Users
The Supreme Court of Canada ruled that the Copyright Act does not require online music service providers to pay two separate royalties to access works online.
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Nov 2, 2022
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My Dog Ate My Opt-Out Form: Extensions to the Opt-Out Period in Class Action Proceedings
Johnson provides novel appellate consideration of the test to grant an extension of a court ordered opt-out period in class proceedings.
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Oct 26, 2022
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Interpreting a Contractual Dispute Resolution Clause? Step in the Arbitrator’s Direction
This bulletin discusses a recent Ontario Superior Court of Justice decision on dispute resolution clauses in commercial contracts.
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Oct 24, 2022
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Green or Grey: Regulators Target Greenwashing, Misleading Environmental, Social and Governance (ESG) Claims
An overview of risks and best practices for companies in relation to environmental, social and governance (“ESG”) claims and disclosure.
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Oct 19, 2022
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Part 1 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Are DAOs Responsible for Bad Smart Contracts?
Complex Disputes and Regulatory Regimes: Cryptocurrency Speciality Niche
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Oct 14, 2022
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Skating on Thin Ice: Federal Court of Appeal Dismisses Hockey Conspiracy Case, While Adding Uncertainty to Motions to Strike
Federal Court of Appeal confirms an important limitation on the scope of the conspiracy offence, but raises uncertainty about the standard on motions to strike.
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Oct 5, 2022
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Good Faith in Business Transactions – Five Considerations for Businesses
The law of good faith continues to evolve. This article provides five considerations for businesses to keep in mind when drafting and performing their contract.
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Oct 3, 2022
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Too Quick to (Summary) Judge: The Shortcomings of Summary Judgment in Patent Actions in Canada
The FCA addresses the shortcomings of summary judgment in patent cases, along with issues relating to "common general knowledge" and experimental testing.
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Sep 27, 2022
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Land Use Planning and BOMA Standards: Issues and Possible Solutions
McMillan’s Commercial Real Estate and Litigation & Dispute Resolution teams are offering a conference on a variety of current issues relating to real estate development and BOMA Standards.
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October 27, 2022
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Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding
Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.
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Sep 26, 2022
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Mind the (ebike) Gap: How to Proceed with Product Recalls When There is a Regulatory Gap
While consumer interest in electric bicycles is increasing, regulatory interest in electric bicycles, or ebikes, is waning.
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Sep 22, 2022
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New AML Requirements for Luxury Goods Likely: The Cullen Commission on Money Laundering Recommendations Respecting Luxury Goods and the Automotive Sector
Cullen Commission of Inquiry into Money Laundering in British Columbia’s AML recommendations for the luxury goods sector (including automotive) are discussed.
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Jul 8, 2022
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Certified Today, Dismissed Tomorrow: Ontario Court Dismisses Automotive Class Action after Successful Certification
An Ontario court has dismissed a proposed class action against an automobile manufacturer on the merits for alleged false claims after certification.
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Jun 29, 2022
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Privacy Reform is on the Table Once More: Canada Introduces the Digital Charter Implementation Act, 2022
New federal privacy legislation has been introduced. If passed, Bill C-27 will materially change the legal landscape for privacy and data protection in Canada.
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Jun 22, 2022
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Taking Control: Proactive Data Breach Preparedness and Responsible Incident Management
Join us on Tuesday, June 21st as members of our Privacy and Technology Groups discuss how your organization can proactively prepare in order to be in control if and when an incident occurs and to take measured and responsible steps to prevent and manage the associated legal and business risks.
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Tuesday, June 21, 2022
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Outlook 2022: Class Actions in Canada
Join members of McMillan’s national Class Action group on Thursday, June 9th for an in-depth discussion on the developments and trends impacting the legal landscape for class actions in Canada.
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Thursday, June 9, 2022
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Ontario Superior Court Provides Refresher on Occupiers’ Liability Claims in Martin v. AGO et al.
This decision highlights that occupiers will not be found liable for injuries if they implement and follow a reasonable system of inspection and maintenance.
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May 26, 2022
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We Have a DPA: Prosecutors Agree to Deferred Prosecution Agreement With SNC-Lavalin
Canadian prosecutors have for the first time agreed to a deferred prosecution agreement with a Canadian company.
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May 16, 2022
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Court of Appeal: Single Incident of Sexual Harassment is Cause for Termination
Ontario’s Court of Appeal has upheld the termination of a 30-year employee for cause following a single incident of sexual harassment.
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May 6, 2022
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Confidentiality of Compelled Testimony is Affirmed by the Ontario Securities Commission
Compelled testimony provided to the OSC is confidential. But what happens when Commission Staff discloses testimony without complying with the Securities Act?
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Apr 21, 2022
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No Discovery Before Leave in Secondary Market Securities Actions
The Court in Kwong v. iAnthus denied a plaintiff's request for documentary discovery before he obtained leave to bring a secondary market securities action.
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Apr 18, 2022
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Clarity over Breadth: The Court of Appeal Refuses to Limit Liability under Sale of Goods Act
In Pine Valley Enterprises, the Ontario Court of Appeal confirms that exclusion clauses are not effective unless they use "explicit, clear and direct" language.
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Apr 14, 2022
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Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)
A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)
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Apr 6, 2022
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Crosslinx v. Ontario Infrastructure: Turns out that notice means actual notice…
The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.
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Apr 4, 2022
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The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies
Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine
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Mar 8, 2022
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ESG in Canada: What We Learned in 2021 and Looking Ahead to 2022
In this rapidly evolving business environment, this report from McMillan’s ESG Initiative offers companies and business leaders in Canada an essential overview of ESG developments in regulations, laws and norms that have occurred over the last year.
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Mar 4, 2022
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Spot the Difference: Mergers and Amalgamations in Corporate Transactions
Examining the difference between US "mergers" and Canadian "amalgamations" in corporate transactions, relevant for deal structuring and completing diligence.
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Mar 2, 2022
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The United Kingdom’s New Economic Crime Bill Portends a Sea Change in Anti-Money Laundering Legislation in the West
United Kingdom introduces Economic Crime Bill to expand anti-money laundering capabilities of law enforcement. This Bill portends change to AML laws in Canada.
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Mar 1, 2022
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Ontario’s Court of Appeal Clarifies Class Member’s Appeal Rights Post Settlement Approval
The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.
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Mar 1, 2022
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Reverse Vesting Orders – When Is This “Extraordinary Measure” Appropriate?
A review of the recent Ontario Superior Court of Justice decision in Harte Gold Inc. (Re) and its effect on reverse vesting orders in insolvency proceedings.
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Feb 16, 2022
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Privacy, Please: Firm that Breached Instagram’s Privacy Policies Loses Class Action Ruling
A discussion of the recent B.C. Supreme Court decision certifying a class action against a U.S.-based marketing firm that breached Instagram privacy rules.
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Feb 15, 2022
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Do We Have Insurance for That? – Why Directors Should Obtain Legal Advice When Buying Company and D&O Insurance
Directors should engage legal counsel to negotiate insurance agreements, particularly those operating in emerging sectors such as cannabis and cryptocurrency.
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Feb 15, 2022
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Good Smoke? More Guidance on Good Faith from the Ontario Court of Appeal
A recent decision by the Ontario Court of Appeal provides more guidance on good faith.
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Feb 14, 2022
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Excess Baggage: Round Two of the Westjet Baggage Fee Class Action
Trotman v WestJet Airlines Ltd, 2022 BCCA 22- appeal of class action certification against Westjet relating to charging of baggage fees.
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Feb 11, 2022
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Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline
Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.
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Feb 2, 2022
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Fiduciary Duties in Corporate Transactions: Expansion of Director’s Duties to Limited Partnerships & Liability of Knowing (Third Party) Assistants
The ONCA decision in Extreme Venture Partners Fund I LP v. Varma provides important guidance on acceptable standards of corporate conduct in Canada.
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Feb 2, 2022
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Check Out Time: Court Certifies Class Action for Dismissal of Hotel Employees due to the Pandemic
The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action
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Feb 1, 2022
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BC’s Court of Appeal Wades into Fairy Creek
A discussion of the recent British Columbia Court of Appeal decision relating to the extension of an interlocutory injunction.
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Feb 1, 2022
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Alberta Court Upholds “4-Week” Termination Clause
An Alberta Court has upheld a termination clause in an employment contract that limited the employee’s notice period to just four weeks.
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Feb 1, 2022
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Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
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Jan 12, 2022
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Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
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Jan 12, 2022
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Wind-up and Hang-up: China Mobile’s Motion to stay an ICA Order Pending Judicial Review Dismissed
Analyzing updates from an Investment Canada Act national security review case to provide key insights to investors into Canada.
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Jan 10, 2022
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SCC Rules No Absolute Bar on Pre-post Compensation (setoff), Overrules kitco and Provides Roadmap for Possible Pre-post Setoff in CCAA Cases
The Supreme Court's decision in Montréal v. Deloitte establishes a test for pre-post compensation (set-off)
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Dec 23, 2021
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Canadian Centre for Cyber Security Releases Ransomware Playbook
Ransomware attacks are on the rise. The Canadian Centre for Cyber Security released a ransomware playbook to help companies prepare for and respond to attacks.
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Dec 21, 2021
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Will a Billion Dollar Termination Shift the M&A Landscape?
The authors discuss the Ontario Superior Court of Justice's decision in Cineplex v. Cineworld, a "busted deal" case about interim operating covenants.
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Dec 17, 2021
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Secondary Market Liability Securities Claims: Evidence Needed For Leave
This case comment discusses a recent British Columbian decision about secondary market claims for misrepresentation and when leave will be granted
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Dec 13, 2021
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A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA
Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.
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Dec 3, 2021
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The Tide Turns: Positive Decision for Employers Seeking to Enforce Stock Agreements
A practical assessment of stock award agreements and employee acceptance for employers seeking to enforce stock award agreements.
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Nov 23, 2021
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Protection of Virtual Goods Through Tokenized Technology
Real world brands are increasingly looking to NFTs and virtual online presences as the next frontier to market their products.
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Nov 17, 2021
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Commercial Leasing Update: Key Developments for Leasing Professionals
As we approach the end of the year, join McMillan's Commercial Real Estate Group on Tuesday, November 30th for an overview and round-up of key developments in leasing law in 2021.
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Tuesday, November 30, 2021
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Vaccine Mandates by Commercial Landlords: Are They Permitted and What Are the Risks?
In this bulletin, we address whether landlords have the right to implement a vaccine mandate and the risks arising from restricting tenants and their employees.
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Nov 12, 2021
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Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
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Nov 11, 2021
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Certification Denied: An Important Win for Competition Class Action Defendants
Certification denied in DRAM class action.
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Nov 10, 2021
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Business Interruption Losses: Who is to Pay during the Pandemic?
Insurance coverage for business interruption losses has become a notable subject of litigation as pandemic-related claims make their way through the courts.
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Nov 8, 2021
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Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies
Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.
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Nov 3, 2021
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Expedited Examination of Canadian Trademark Applications: 6 month recap
This bulletin is a summary of our experiences with the expedited examination process for Canadian trademark applications.
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Nov 2, 2021
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McMillan’s Annual Privacy, Data Protection and Cybersecurity Webinar
Our lawyers will provide an overview of important case law developments, regulatory guidance, upcoming statutory changes, and hot topics in Privacy, Data Protection & Cybersecurity
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Wednesday, November 10, 2021
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China Mobile Case Raises National Security Hang-up
China Mobile is challenging the Canadian government's order to divest its Canadian operations. The case raises important cross-border investment issues.
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Oct 25, 2021
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Real Estate Litigation: Summer Highlights
Even in the summer months, the legal news does not let up. Here are some recent decisions and legislative developments as we head into the 2021 fall season.
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Sep 21, 2021
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Supreme Court of Canada Confirms: CCAA Super-Priority Charges Rank Ahead of CRA’s Deemed Trusts
Canada v. Canada North Group Inc. provided much needed clarity regarding the order of priority for unremitted source deductions in restructuring proceedings.
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Sep 17, 2021
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Divisional Court confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993
Review of Divisional Court decision: Ontario’s compliance with Environmental Bill of Rights in passing Bill 197, particularly re: Ministerial Zoning Orders
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Sep 13, 2021
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Federal Government Launches Consultations on Remedies Against Low-Priced Imports
A review of the stakeholder engagement process for proposed amendments to the Special Import Measures Act and the Canadian International Trade Tribunal Act
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Sep 13, 2021
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Mandatory Mask Policy Does Not Breach Human Rights Act
Alberta's Human Rights Commission has dismissed a complaint alleging that Costco discriminated against a customer who refused to wear a mask or face shield.
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Sep 9, 2021
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Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar
The Ontario Divisional Court held that constructive dismissal claims for chronic mental stress from workplace harassment are not statute-barred by the WSIA.
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Sep 1, 2021
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Compounded Decisions on Claiming Compound Interest in Litigation
This article considers recent Federal Court jurisprudence with respect to the claiming of compound interest.
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Aug 31, 2021
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Five-Star Rating? Uber Class Action Lawsuit Gets Certified
The Ontario Superior Court of Justice has certified a class action lawsuit brought by Uber drivers allegedly misclassified as independent contractors.
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Aug 19, 2021
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NFTs and Implications Under Canadian Securities Law
This article discusses the treatment of non-fungible tokens (NFTs) as securities and related regulatory considerations in Canada.
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Aug 16, 2021
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Supreme Court of Canada Modernizes the Interpretation of Releases
The Supreme Court of Canada in its recent decision determined that releases are to be interpreted using general contract principles and no special rules apply.
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Aug 11, 2021
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Canada Makes Changes to Cross-border Hazardous Waste and Recycling Requirements
On February 26, 2021, Canada enacted the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.
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Aug 4, 2021
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Watch as that Trust is Swept Away
Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.
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Jul 30, 2021
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The Ontario Court of Appeal Expands the Range of Damages under the Family Law Act for Loss of Care, Guidance, and Companionship
The Ontario Court of Appeal has recently upheld a non-pecuniary damage award from a jury exceeding its previous guidance.
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Jul 27, 2021
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Doctrine of Spent Breach Can Override Lease Renewal Terms
A Tenant’s breach of a commercial lease did not prevent it from exercising an option to renew despite an express lease term to the contrary.
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Jul 13, 2021
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Is Private Sector Privacy Legislation Looming in Ontario?
Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon
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Jul 5, 2021
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Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
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Jun 30, 2021
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The Balancing of Privacy Rights and the Open Court Principle: Disclosure of Private Information in Litigation
The Supreme Court of Canada’s decision in Sherman Estate v Donovan offers clarity on when the open court principle will give ground to the right to privacy.
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Jun 23, 2021
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Québec Class action – What’s new? Examination of the defendant at the authorization stage
EIn class actions, the right to examine an affiant is the subject of conflicting case law.
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Jun 14, 2021
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COVID-19-related Layoffs Not Grounds for Constructive Dismissal
An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.
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Jun 11, 2021
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No Damages for Minor Stress and Inconvenience: Quebec Court Dismisses Data Breach Class Action
In March, the Québec Superior Court released a rare decision in which it dismissed a privacy class action on the merits.
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Jun 9, 2021
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BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions
Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.
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May 19, 2021
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Reverse Vesting Orders – A Powerful Tool for Maximizing Recovery in Complex Insolvencies
How reverse vesting orders (RVOs) offer another tool for realizing value for stakeholders in Companies' Creditors Arrangement Act (CCAA) proceedings.
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May 19, 2021
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Commercial Leases During the COVID-19 Lockdown: Where are we Headed?
Ontario has also passed legislation to protect commercial tenants.
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May 17, 2021
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What Are You Suing Me For? I Had No Control: Lessor Fleet Liability
The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.
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May 12, 2021
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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 requirement that listed companies adopt a majority voting policy.
Read More
Apr 16, 2021
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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
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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
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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
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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.
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Mar 26, 2021
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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
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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
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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
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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.
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Mar 9, 2021
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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
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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
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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.
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Feb 17, 2021
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‘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.
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Feb 17, 2021
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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
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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
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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.
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Jan 30, 2021
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In the Bag: Court Certifies Class Action for Westjet Baggage Fees
In the Bag: Court Certifies Class Action for Westjet Baggage Fees
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Jan 29, 2021
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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.
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Jan 25, 2021
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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.
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Jan 19, 2021
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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
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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
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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
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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
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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
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‘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
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Nov 16, 2020
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Bears v. Bulls: Secondary Market Securities Class Actions in Ontario
A high-level overview of secondary market class actions under the Ontario Securities.
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Nov 11, 2020
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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.
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Nov 10, 2020
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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
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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.
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Nov 5, 2020
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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
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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
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Oct 15, 2020
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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
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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
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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
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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.
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Oct 2, 2020
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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
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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
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Web of Lies
How to deal with an uncooperative witness in pre-trial undertakings.
Read More
Sep 23, 2020
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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.
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Sep 23, 2020
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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
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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
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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
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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
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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
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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.
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Jul 24, 2020
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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
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Jul 22, 2020
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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.
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Jul 20, 2020
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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
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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.
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Jul 13, 2020
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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
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Jul 13, 2020
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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
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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
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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
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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
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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.
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Apr 21, 2020
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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.
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Apr 16, 2020
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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
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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
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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
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Apr 7, 2020
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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
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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
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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
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Apr 3, 2020
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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
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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
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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.
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Mar 29, 2020
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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
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Mar 27, 2020
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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.
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Mar 27, 2020
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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.
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Mar 25, 2020
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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
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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.
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Mar 23, 2020
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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
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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.
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Mar 20, 2020
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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
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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
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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
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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
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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
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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
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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.
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Mar 2, 2020
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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
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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
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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.
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Feb 4, 2020
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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
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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
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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
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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
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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
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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
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No Insider Trading Without Clear Evidence
"The Ontario Securities Commission's decision on insider trading and importance of clear, convincing and cogent
evidence."
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Dec 19, 2019
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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
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Ontario Court Suggests Terminated Salespeople are Fish Out of Water
Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.
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Dec 16, 2019
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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.
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Dec 3, 2019
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Ontario Makes Changes to Court Procedures
Ontario Makes Changes to Court Procedures
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Nov 4, 2019
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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
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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
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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
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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
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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
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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
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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
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Jul 31, 2019
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The Supreme Court of Canada rules on the distinction between an employee and an independent contractor/franchisee in Québec pursuant to a franchise agreement
In recent years, many authors have analyzed the law of franchise in Québec.
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Jul 5, 2019
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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.
Read More
Jun 26, 2019
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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.
Read More
Jun 4, 2019
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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”).
Read More
Jun 1, 2019
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Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws
On May 21, 2019, the Canadian federal government released a proposed Digital Charter
Read More
May 23, 2019
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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.
Read More
May 10, 2019
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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.
Read More
May 6, 2019
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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.
Read More
Apr 16, 2019
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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.
Read More
Apr 12, 2019
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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”).
Read More
Apr 11, 2019
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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
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“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.
Details
March 22, 2019 - 7:45 am to 9:15 am
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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."
Read More
Nov 26, 2018
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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
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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
Read More
Sep 26, 2018
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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.
Read More
Sep 23, 2018
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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
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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...
Read More
Jul 6, 2018
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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.
Read More
Jul 4, 2018
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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
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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.
Read More
Jun 11, 2018
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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.
Read More
May 18, 2018
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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
Read More
Apr 27, 2018
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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
Read More
Apr 26, 2018
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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
Read More
Mar 30, 2018
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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
Read More
Mar 26, 2018
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Bonus Claims: Past Practice Gets A Boost
Bonus Claims: Past Practice Gets A Boost
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Nov 13, 2017
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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“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
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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
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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
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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
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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
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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
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Rolling Liability for Continuous Breaches of Commercial Leases
Rolling Liability for Continuous Breaches of Commercial Leases
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May 24, 2017
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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
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New Federal Court Notice on Trial Management Guidelines
New Federal Court Notice on Trial Management Guidelines
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May 4, 2017
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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
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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
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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
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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
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New Act Modernizes Ontario’s International Arbitration Regime
New Act Modernizes Ontario's International Arbitration Regime
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Apr 10, 2017
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The Minister of Transport Confirms Rail Legislation Coming in Spring Session
The Minister of Transport, Marc Garneau, has addressed a letter to the Chair of the Standing Committee on Transport, Infrastructure and Communities (“SCOTIC”) that confirms the government is on track to table remedial rail legislation in the House of Commons during the spring legislative session.
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Apr 1, 2017
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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
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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
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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
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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
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Avoiding Liability when using Keyword Advertising
Avoiding Liability when using Keyword Advertising
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Feb 6, 2017
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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
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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
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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
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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
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Employment Agreement Can Include Cover Email Presenting It
Employment Agreement Can Include Cover Email Presenting It
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Jan 24, 2017
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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
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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
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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
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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
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New Regulatory Authority for Pensions on its Way
New Regulatory Authority for Pensions on its Way
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Nov 30, 2016
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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
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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
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Board of Directors in Condo Corporations Rule
Board of Directors in Condo Corporations Rule
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Nov 23, 2016
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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
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Subcontractors May Unknowingly Lack General Lien Rights
Subcontractors May Unknowingly Lack General Lien Rights
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Nov 3, 2016
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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
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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
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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
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Standard of Review Reform: Maybe Another Time?
Standard of Review Reform: Maybe Another Time?
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Oct 13, 2016
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Franchise Legislation has Arrived in British Columbia
Franchise Legislation has Arrived in British Columbia
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Oct 6, 2016
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