


Corporate Commercial Litigation
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.
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Insights (75 Posts)
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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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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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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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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Part 2 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Is Mango’s Settlement with the Exploiter Enforceable and What Does it Mean for DAOs?
Complex Disputes and Regulatory Regimes: Cryptocurrency Speciality Niche
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Nov 16, 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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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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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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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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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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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
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What is the Capital Markets Tribunal?
This article provides further information about the new Capital Markets Tribunal.
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May 5, 2022
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“Project Maple” – Considerations when Buying a Canadian Public Company
Some initial considerations for foreign acquirors of Canadian public companies.
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May 4, 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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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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Practical Considerations of Simple Agreements for Future Equity or “SAFEs” in Canada
An overview of how Simple Agreements for Future Equity or “SAFEs” work including pros & cons for Canadian companies considering SAFEs for early stage financing.
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Feb 1, 2022
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Plan for the Ban: Our New Year’s Update of Single-Use Plastics Bans Across Canada
This bulletin provides an updated summary of the current state of single-use plastics legislation across Canada.
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Jan 18, 2022
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PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits
In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.
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Jan 11, 2022
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TSX Venture Exchange Amends Equity Compensation Policies
On November 24, 2021, the TSX Venture Exchange published a bulletin announcing amendments to its policies regarding security based compensation.
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Dec 6, 2021
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Construction Remedies On Public Projects: Alberta’s Public Works Act and Comparable Legislation in Other Provinces
This bulletin outlines the key requirements for contractors seeking payment under construction contracts with the provincial government in Alberta and elsewhere
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Nov 23, 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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A Tale of [NORSTEEL in] Two Cities
The recent decision in Norsteel Building Systems Ltd. v. Toti Holdings Inc. highlights the importance of trademark clearance searching for businesses.
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Nov 10, 2021
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Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors
An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.
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Oct 25, 2021
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Antitrust Reform: Canada Too!
James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!
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Oct 21, 2021
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Ontario Not-For-Profit Corporations Act To Come In Force. What Do We Do Now?
The Ontario Not-for-Profit Corporations Act, 2010 is set to come into force on October 19, 2021, bringing forward changes for not-for-profit corporations.
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Sep 7, 2021
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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
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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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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
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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
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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
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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
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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.
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Apr 16, 2021
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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
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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
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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.
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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.
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Feb 4, 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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‘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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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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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
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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.
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Sep 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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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
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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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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
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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.
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Mar 12, 2020
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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
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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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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
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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
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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.
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Oct 7, 2019
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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
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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”).
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Jun 1, 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.
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Apr 16, 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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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
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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
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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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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
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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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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
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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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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
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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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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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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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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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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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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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A Refresher on an Employee’s Duty to Mitigate
A Refresher on an Employees Duty to Mitigate
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Mar 18, 2016
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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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