In today’s exceptionally competitive and complex business landscape, wherein disputes can arise over myriad issues, business leaders and in-house corporate counsel turn to McMillan’s business litigation attorneys to provide astute legal counsel on how to address commercial and business discord.
A highly reputed international business litigation law firm, McMillan’s commercial litigators have a well-earned reputation for consistently assessing risk and opportunities and weighing options with the client. McMillan’s commercial litigation lawyers join forces with our industry specialists in competition, intellectual property, real estate, securities and other areas to deliver a complete solution – no matter the nature of your corporate or commercial dispute.
Canadian and international business leaders recognize our commercial litigation lawyers for their creativity and effectiveness in bringing disputes to a satisfactory conclusion, both inside and outside the courts. We understand that commercial and corporate litigation is not always the preferred option, so we help clients pursue a full range of resolution avenues, including early negotiated settlements and alternative dispute resolution methods. If we proceed to court, our business litigation lawyers are prepared to vigorously advance our clients’ commercial interests in front of the courts.
As a leading Canadian corporate commercial litigation firm, McMillan helps clients maintain their focus on business growth by litigating and resolving contract disputes, partnership disputes, shareholder disputes, banking issues and/or bankruptcy and insolvency issues. We also successfully defend our commercial clients in class action lawsuits to preserve their reputation and brand value.
Deals and Cases
INSIGHTS (48 Posts)
SOFR Fundamentals: What We Know SO-FAR
SOFR is the preferred USD alternative RFR to LIBOR. We discuss what SOFR is, the types of SOFR, conventions for SOFR, and using SOFR in loan agreements.
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Jul 21, 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
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Jul 5, 2021
Ontario Repeals Canadian Residency Requirement for Directors
Amendments to the Ontario Business Corporations Act remove Canadian resident director requirement and ease rules for written shareholder resolutions.
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Jun 15, 2021
June 2021 Update: British Columbia’s New Registry of Beneficial Ownership
Now that the Land Owner Transparency Registry is searchable by the public, it is important to understand the scope of its use, and its current limitations.
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Jun 14, 2021
The Canadian Capital Market is Psyched: An Update on the Growing Wave in the Psychedelics Industry
This bulletin provides an overview of the regulations surrounding psychedelics in Canada and psychedelics companies in the Canadian capital markets.
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May 12, 2021
Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers
Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.
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Apr 27, 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.
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Apr 16, 2021
Canada Updates Official Terrorist Entities List – What It Means for Your Business
The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.
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Feb 23, 2021
iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases
The iAnthus decision affirmed by the Court of Appeal holds that a British Columbia company can use the BCBCA to restructure and obtain 3rd party releases.
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Feb 23, 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.
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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.
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Feb 4, 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.
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Jan 19, 2021
‘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
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
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.
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Nov 4, 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.
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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.
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Sep 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.
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Jul 24, 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.
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Jul 15, 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.
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Apr 16, 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.
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Mar 30, 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.
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Mar 12, 2020
The “Fix” Is In: Alberta Employee Awarded 34.5 Months’ Damages for Breach of Contract
A recent decision by Alberta's Court of Queen's Bench is the latest warning to employers about the dangers of
fixed-term employment arrangements.
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Feb 21, 2020
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
Amendments to the CCAA, BIA and CBCA Now in Force
Authors discuss changes in 2019 to Canadian corporate and restructuring statutes and their possible implications for insolvency practice in Canada
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Nov 19, 2019
Short Selling in Canada: Regulations are Weak and a New Path Forward is Needed to Reduce Systemic Risk
This bulletin summarizes our concerns and conclusions with respect to the Canadian short selling regulatory regime.
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Nov 11, 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.
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Oct 7, 2019
The Novel Exemptive Relief Chronicles
Ontario Securities Commission exemptive relief decision clarifies ability of investment fund managers to permit rehypothecation of portfolio assets.
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Sep 20, 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”).
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Jun 1, 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.
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Apr 16, 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.
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Apr 9, 2019
Ontario Premier to Set Precedent Invoking Notwithstanding Clause
Superior Court Justice Edward Belobaba made a finding of unconstitutionality and struck down the provisions of the provincial Better Local Government Act, 2018
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Sep 12, 2018
Is your Privilege Protected? Ontario Court Revisits Doctrine of “Implied Waiver of Privilege” in Recent Decision
Recent case law from Ontario confirms that a party seeking to rely on parts of privileged document cannot simultaneously claim privilege over the same document.
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Aug 23, 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.
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Feb 1, 2018
Aggravated Damages Awarded by BC Court As Denunciation of Employer’s Disingenuous Offers and Aggressive Defenses
BC Court provides reminder to employers that use of aggressive and unmeritorious defence tactics may not lead to hoped for result of persuading terminated employee to accept unreasonable settlement
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Jan 16, 2018
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
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
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Oct 30, 2017
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
Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant
Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant
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Aug 31, 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..."
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Jun 9, 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
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Feb 8, 2017
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
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
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
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
Subcontractors May Unknowingly Lack General Lien Rights
Subcontractors May Unknowingly Lack General Lien Rights
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Nov 3, 2016
A Refresher on an Employee’s Duty to Mitigate
A Refresher on an Employees Duty to Mitigate
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Mar 18, 2016
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
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Jun 9, 2015
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