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Searching Content indexed under Litigation, Mediation & Arbitration by McMillan LLP ordered by Published Date Descending.
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1
The Godfrey Decision: Competition Class Action Certification Made (Even) Easier
These appeals raise a fundamental question: are courts at a stage where the balance struck by Parliament of Canada's competition law
Canada
11 Oct 2019
3
Canada Ratifies The Multilateral Instrument
On June 7, 2017, Canada along with numerous other jurisdictions signed the Organisation for Economic Co-operation and Development's
Canada
6 Sep 2019
4
Expropriation Of Contaminated Land: A Tug-Of-War Of Competing Interests In The "Fair Market" Valuation
The expropriation process in Ontario is governed by the Expropriations Act (the "Act"),[1] which provides for compensation to the owner of the expropriated land's "market value"
Canada
26 Aug 2019
5
Environmental Obligations Cannot Be Ignored Even In Bankruptcy: Orphan Wells Association v Grant Thornton Ltd.
With the growing concern over the environmental impacts of commercial activity, provinces have enacted and expanded
Canada
12 Jul 2019
6
Canada
12 Jul 2019
7
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 in Telus Communications Inc v. Wellman,[1] the Supreme Court of Canada ruled that courts must enforce valid arbitration agreements
Canada
12 Jul 2019
8
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.
Canada
11 Jul 2019
9
BC Employers Take Note: Changes To BC Labour Relations Code Are Now In Force
The BC government is moving ahead with long-anticipated amendments to the BC Labour Relations Code (the "Code").
Canada
11 Jul 2019
10
Trademark "Use" In The Normal Course Of Trade: Revisited
The recent Federal Court of Appeal decision in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP [1] ("Cosmetic Warriors")
Canada
11 Jul 2019
11
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
Canada
8 Jul 2019
12
Independent Or Dependent Contractor? BC Court Finds No Severance Owing To Long Term Service Provider
A recent decision of the British Columbia Provincial Court serves as an important reminder of the factors a court will consider when determining whether an individual is a dependent contractor and of the repercussions ...
Canada
15 Feb 2019
15
SCC Confirms A "Deal Is A Deal": Party Not Allowed To Re-Negotiate A Contract Because It No Longer Liked The Terms
In the recent Supreme Court of Canada case, Churchill Falls (Labrador) Corp v Hydro-Québec, the Court upheld the terms of a nearly 50 year old contract and confirmed the adage, "a deal is a deal."
Canada
10 Dec 2018
16
Tax Court Takes Aim At The Burden Of Proof In Tax Appeals
Generally, the burden of proof in civil cases is easy to understand.
Canada
7 Dec 2018
17
Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out
Coffey v Nine Energy Canada Inc. 1, a recent decision of the Alberta Court of Queen's Bench, confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.
Canada
7 Dec 2018
18
The Queen v. Callidus Capital Corporation Overturned; Lenders Breathe A Sigh Of Relief, But For How Long?
We previously wrote about the decision in The Queen v. Callidus Capital Corporation of the Federal Court of Appeal in our Restructuring and Tax Bulletin.
Canada
6 Dec 2018
19
The Court Of Appeal Puts An End To 'Jail On The Couch' Sentences For Bid-Rigging
Let it be known, the message sent by the Court of Appeal (the "Court") in the cases of Pasquale Fedele, Jacques Lavoie and Patrick Alain could not be any clearer.
Canada
6 Dec 2018
20
A Word Of Warning To Franchisors – ADR Provisions May Postpone The Limitation Period For Rescission
In the recent Ontario Court of Appeal decision in PQ Licensing the Court considered whether the mandatory mediation process prescribed by a franchise agreement impacted the limitation period...
Canada
6 Nov 2018
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