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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Primary Contacts

View All Contacts

Andrew E. Stead

Partner, Litigation & Dispute Resolution

Calgary

andrew.stead@mcmillan.ca Phone

403.531.8748

Éric Vallières

Partner, Québec Affairs

Montréal

eric.vallieres@mcmillan.ca Phone

514.987.5068

Robert Wisner

Partner, International Arbitration & Cross-Border Litigation

Toronto

robert.wisner@mcmillan.ca Phone

416.865.7127

Joan M. Young

Partner, Litigation & Dispute Resolution

Vancouver

joan.young@mcmillan.ca Phone

604.893.7639

Deals and Cases

Related Expertise

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.

Mar 20, 2023

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.

Mar 15, 2023

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.

Mar 8, 2023

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.

Mar 6, 2023

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.

Mar 1, 2023

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.

Mar 1, 2023

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.

Feb 28, 2023

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.

Feb 16, 2023

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.

Feb 13, 2023

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.

Feb 13, 2023

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.

Feb 8, 2023

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.

Feb 7, 2023

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.

Feb 6, 2023

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.

Feb 2, 2023

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.

Jan 24, 2023

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.

Jan 24, 2023

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.

Jan 10, 2023

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.

Dec 22, 2022

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.

Dec 12, 2022

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.

Dec 7, 2022

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.

Dec 5, 2022

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.

Dec 1, 2022

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

Nov 15, 2022

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.

Nov 11, 2022

Squeaky “Clean”: Competition Bureau Combats Greenwashing

Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.

Nov 10, 2022

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.

Nov 2, 2022

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.

Oct 26, 2022

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.

Oct 24, 2022

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.

Oct 19, 2022

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

Oct 14, 2022

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.

Oct 5, 2022

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.

Oct 3, 2022

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.

Sep 27, 2022

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.

Details

October 27, 2022

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.

Sep 26, 2022

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.

Sep 22, 2022

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.

Jul 8, 2022

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.

Jun 29, 2022

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.

Jun 22, 2022

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

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.

Details

Thursday, June 9, 2022

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.

May 26, 2022

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.

May 16, 2022

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.

May 6, 2022

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?

Apr 21, 2022

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.

Apr 18, 2022

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.

Apr 14, 2022

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)

Apr 6, 2022

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.

Apr 4, 2022

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

Mar 8, 2022

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.

Mar 4, 2022

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.

Mar 2, 2022

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.

Mar 1, 2022

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.

Mar 1, 2022

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.

Feb 16, 2022

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.

Feb 15, 2022

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.

Feb 15, 2022

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.

Feb 14, 2022

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.

Feb 11, 2022

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.

Feb 2, 2022

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.

Feb 2, 2022

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

Feb 1, 2022

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.

Feb 1, 2022

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.

Feb 1, 2022

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.

Jan 12, 2022

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.

Jan 12, 2022

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.

Jan 10, 2022

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)

Dec 23, 2021

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.

Dec 21, 2021

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.

Dec 17, 2021

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

Dec 13, 2021

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.

Dec 3, 2021

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.

Nov 23, 2021

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.

Nov 17, 2021

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.

Details

Tuesday, November 30, 2021

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.

Nov 12, 2021

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

Nov 11, 2021

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

Nov 10, 2021

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.

Nov 8, 2021

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.

Nov 3, 2021

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.

Nov 2, 2021

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

Details

Wednesday, November 10, 2021

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.

Oct 25, 2021

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.

Sep 21, 2021

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.

Sep 17, 2021

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

Sep 13, 2021

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

Sep 13, 2021

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.

Sep 9, 2021

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.

Sep 1, 2021

Compounded Decisions on Claiming Compound Interest in Litigation

This article considers recent Federal Court jurisprudence with respect to the claiming of compound interest.

Aug 31, 2021

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.

Aug 19, 2021

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.

Aug 16, 2021

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.

Aug 11, 2021

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.

Aug 4, 2021

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.

Jul 30, 2021

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.

Jul 27, 2021

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.

Jul 13, 2021

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

Jul 5, 2021

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.

Jun 30, 2021

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.

Jun 23, 2021

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.

Jun 14, 2021

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.

Jun 11, 2021

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.

Jun 9, 2021

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.

May 19, 2021

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.

May 19, 2021

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

May 17, 2021

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.

May 12, 2021

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.

Apr 16, 2021

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.

Apr 6, 2021

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.

Mar 29, 2021

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.

Mar 29, 2021

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.

Mar 26, 2021

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.

Mar 14, 2021

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.

Mar 10, 2021

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.

Mar 10, 2021

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.

Mar 9, 2021

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.

Feb 23, 2021

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.

Feb 21, 2021

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.

Feb 17, 2021

‘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.

Feb 17, 2021

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.

Feb 16, 2021

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.

Feb 4, 2021

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.

Jan 30, 2021

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

Jan 29, 2021

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.

Jan 25, 2021

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.

Jan 19, 2021

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.

Jan 13, 2021

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.

Dec 23, 2020

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

Dec 18, 2020

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.

Nov 26, 2020

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.

Nov 19, 2020

‘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

Nov 16, 2020

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

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

Nov 11, 2020

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.

Nov 10, 2020

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.

Nov 9, 2020

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.

Nov 5, 2020

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.

Nov 4, 2020

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

Oct 15, 2020

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

Oct 13, 2020

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.

Oct 6, 2020

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Oct 6, 2020

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.

Oct 2, 2020

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.

Sep 29, 2020

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.

Sep 28, 2020

Web of Lies

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

Sep 23, 2020

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.

Sep 23, 2020

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.

Sep 5, 2020

Update: Ontario Resumes Limitation Periods and Procedural Deadlines

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

Aug 25, 2020

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.

Aug 8, 2020

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.

Aug 6, 2020

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.

Aug 5, 2020

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.

Jul 24, 2020

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

Jul 22, 2020

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.

Jul 20, 2020

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.

Jul 15, 2020

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.

Jul 13, 2020

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

Jul 13, 2020

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

Jun 29, 2020

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

Jun 23, 2020

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

Apr 24, 2020

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

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.

Apr 21, 2020

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.

Apr 16, 2020

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.

Apr 10, 2020

Project Management Amid COVID-19 – The Triage

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

Apr 8, 2020

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

Apr 7, 2020

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.

Apr 6, 2020

Heading Towards an Epidemic of Class Actions

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

Apr 3, 2020

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

Apr 3, 2020

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.

Apr 2, 2020

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.

Mar 30, 2020

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.

Mar 29, 2020

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

Mar 27, 2020

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.

Mar 27, 2020

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.

Mar 25, 2020

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.

Mar 24, 2020

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.

Mar 23, 2020

COVID-19: Ontario Suspends Limitation Periods and Procedural Deadlines

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

Mar 22, 2020

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.

Mar 20, 2020

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.

Mar 19, 2020

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

Waivers of Liability Must be Clearly Identified to be Effective

Mar 19, 2020

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.

Mar 12, 2020

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

Mar 11, 2020

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.

Mar 9, 2020

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).

Mar 4, 2020

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.

Mar 2, 2020

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.

Feb 19, 2020

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.

Feb 6, 2020

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.

Feb 4, 2020

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.

Jan 31, 2020

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.

Jan 28, 2020

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.

Jan 7, 2020

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.

Jan 7, 2020

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.

Jan 2, 2020

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

Dec 19, 2019

No Insider Trading Without Clear Evidence

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

Dec 19, 2019

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.

Dec 16, 2019

Ontario Court Suggests Terminated Salespeople are Fish Out of Water

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

Dec 16, 2019

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.

Dec 3, 2019

Ontario Makes Changes to Court Procedures

Nov 4, 2019

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

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

Oct 29, 2019

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.

Oct 7, 2019

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.

Oct 1, 2019

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.

Sep 25, 2019

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

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.

Aug 9, 2019

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

Jul 31, 2019

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.

Jul 5, 2019

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.

Jun 26, 2019

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.

Jun 4, 2019

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”).

Jun 1, 2019

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

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

May 23, 2019

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.

May 10, 2019

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.

May 6, 2019

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.

Apr 16, 2019

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.

Apr 12, 2019

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”).

Apr 11, 2019

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.

Apr 9, 2019

“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

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."

Nov 26, 2018

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.

Nov 1, 2018

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

Sep 26, 2018

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.

Sep 23, 2018

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

Jul 10, 2018

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...

Jul 6, 2018

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.

Jul 4, 2018

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

Jun 15, 2018

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.

Jun 11, 2018

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.

May 18, 2018

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

Apr 27, 2018

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

Apr 26, 2018

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

Mar 30, 2018

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

Mar 26, 2018

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

Mar 22, 2018

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?

Mar 21, 2018

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.

Mar 8, 2018

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.

Feb 14, 2018

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?

Feb 12, 2018

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.

Feb 6, 2018

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.

Feb 1, 2018

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.

Jan 24, 2018

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

Jan 15, 2018

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

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

Dec 19, 2017

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

Dec 11, 2017

Supreme Court of Canada Confirms Expansive Protections Against Discrimination Regarding Employment

Dec 10, 2017

Working Notice: Class Action Succeeds in Challenging When Clock Starts

Dec 6, 2017

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

Dec 6, 2017

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

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

Nov 29, 2017

Bonus Claims: Past Practice Gets A Boost

Nov 13, 2017

Changes to Ontario’s Franchise Legislation Are Underway

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

Oct 3, 2017

Supreme Court Justices Drop the Gloves Over Tariff Classification

Sep 13, 2017

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

Sep 11, 2017

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

Sep 7, 2017

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

Aug 8, 2017

SCC Confirms Directors Can Be Personally Liable in Cases of Oppression

Jul 18, 2017

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

Jul 11, 2017

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

Jul 6, 2017

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

Jun 30, 2017

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

Jun 29, 2017

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

Jun 22, 2017

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

Jun 19, 2017

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

Jun 16, 2017

“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

Jun 14, 2017

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

Jun 13, 2017

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..."

Jun 9, 2017

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Jun 7, 2017

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

Jun 2, 2017

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

Regulators Rethink "Best Interest" Standard for Registrants

May 30, 2017

Rolling Liability for Continuous Breaches of Commercial Leases

May 24, 2017

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

May 16, 2017

New Federal Court Notice on Trial Management Guidelines

May 4, 2017

No Security for Costs for Defendants With Trust Funds

May 1, 2017

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

May 1, 2017

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

Apr 25, 2017

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

Apr 17, 2017

New Act Modernizes Ontario’s International Arbitration Regime

New Act Modernizes Ontario's International Arbitration Regime

Apr 10, 2017

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.

Apr 1, 2017

Can a Manager be a Member of a Certified Association?

Mar 13, 2017

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

Mar 3, 2017

No Construction Liens on Foreign Government Land in Ontario

Mar 1, 2017

Why use this slogan anywhere else?

Feb 14, 2017

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

Feb 8, 2017

Avoiding Liability when using Keyword Advertising

Feb 6, 2017

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

Feb 3, 2017

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

Feb 3, 2017

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

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

Jan 30, 2017

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

Jan 28, 2017

Employment Agreement Can Include Cover Email Presenting It

Jan 24, 2017

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

Jan 17, 2017

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

Jan 11, 2017

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

Jan 10, 2017

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

Dec 19, 2016

New Regulatory Authority for Pensions on its Way

Nov 30, 2016

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

Nov 30, 2016