Searching Content indexed under Litigation, Mediation & Arbitration by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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Competition Class Actions In Canada: The Supreme Court Resets The Ground Rules
In a landmark decision that was released this morning, the Supreme Court has revisited and reset the ground rules governing the availability of collective relief for consumers in Canada
26 Sep 2019
Québec Court Of Appeal Limits The Court Of Québec's Jurisdiction
Québec's Court of Appeal rendered its long-awaited ruling on the scope of the Court of Québec's jurisdiction on September 12, 2019. Essentially,...
26 Sep 2019
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
20 Sep 2019
Deemed Trusts And Priming Charges: The Alberta Court Of Appeal Affirms The Priority Of CCAA Charges Over Crown Deemed Trusts In Canada North Group
On August 29, 2019, the majority of the Alberta Court of Appeal held in Canada v. Canada North Group Inc., 2019 ABCA 314 (Canada North)
5 Sep 2019
Listing In The REIN: Cruel And Unusual Punishment Under The Charter?
On July 16, 2019, the Court of Appeal denied the Autorité des marchés publics (AMP) leave to appeal a Superior Court ruling made during the course of proceedings on an application
16 Aug 2019
"Controversial" Changes To Ontario Class Actions Law Recommended By Commission
After two years of review, the Law Commission of Ontario ("LCO") has recommended wide-ranging changes to Ontario's class actions regime.
24 Jul 2019
Ontario Court Of Appeal Upholds Constitutionality Of Federal Carbon Pricing Regime
On June 28, 2019, the Ontario Court of Appeal issued a majority decision that the Greenhouse Gas Pollution Pricing Act (GGPPA) is constitutional.
23 Jul 2019
Section 232 Steel And Aluminum Tariffs And Canadian Retaliatory Tariffs Are Gone; Threat Of Auto Tariffs Lingers; U.S And China Clash On Tariffs: What Comes Next?
In our last international trade brief, we discussed the implications of the European Court of Justice decision that the investor-state dispute resolution mechanism in the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is compatible with EU primary law. In this international trade brief
11 Jun 2019
Supreme Court To Hear Arguments About Enforceability Of Arbitration Clauses
On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.
7 Jun 2019
How To Draft Exclusive vs. Non-Exclusive Jurisdiction Clauses
A recent decision from the Court of Appeal for Ontario reminds us that parties using their contracts to select a jurisdiction for hearing disputes must consider jurisdiction clauses carefully.
29 May 2019
European Court Of Justice Confirms CETA Compatible With EU Law
In our last international trade brief, we explained the implications of the U.S. administration announcing that it would no longer continue the suspension of Title III of the Cuban Liberty
European Union
17 May 2019
Wellman v. TELUS: Supreme Court Emphasizes Enforceability Of Arbitration Provisions
In its recent 5-4 decision in Wellman v. Telus, the Supreme Court of Canada confirmed the enforceability of arbitration provisions in the context of business (i.e., non-consumer) contracts
23 Apr 2019
Federal Court Of Appeal Holds Canada Revenue Agency Does Not Have The Power To Compel Oral Interviews During Audit
The Canada Revenue Agency (CRA) has increasingly requested oral interviews during audits, particularly in transfer pricing audits. In Minister of National Revenue v. Cameco Corporation,
17 Apr 2019
Court Rejects Deal Price As Indicator Of Fair Value In Dissent Decision
In an extraordinary decision, the Supreme Court of Yukon in Carlock v. ExxonMobil Canada Holdings ULC, awarded dissenting shareholders a 43% premium to the negotiated deal price in ExxonMobil's 2017 acquisition of InterOil.
4 Mar 2019
Supreme Court Of Canada Decision In Redwater: Early Implications
Nearly four years ago, Redwater Energy Corporation (Redwater) was petitioned into receivership by its principal secured creditor, Alberta Treasury Branches (ATB).
7 Feb 2019
Ontario Court Of Appeal Hits The Brakes On Arbitration Clauses
A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment agreements — and potentially consumer and other agreements.
6 Feb 2019
From Transfer Pricing To Tax Treaties: Canadian Cross-Border Tax Update
The two most significant Canadian cross-border tax developments in 2018 relate to transfer pricing and tax treaties.
27 Dec 2018
Cross-Border Investigations: B.C. Court Affirms Broad Power To Issue Legal Process Against Foreign Companies
The Brecknell case raises a host of constitutional, international law and privacy questions that likely have to await a future case to resolve.
27 Dec 2018
Cannabis Statute Law Amendment Act, 2018: Ontario Government Passes Cannabis Regulatory Regime
The Conservative government announced on August 13, 2018 that "the Government of Ontario will not be in the business of running physical cannabis stores." Instead,
19 Oct 2018
What Constitutes A MAC In An M&A Deal?
On October 1, 2018, the Delaware Court of Chancery released its decision in Akorn, Inc. v. Fresenius Kabi AG, finding for the first time that a buyer had properly terminated ...
18 Oct 2018
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