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1
Who Bears The Loss When A Cybercrimal Diverts Funds?
What happens when two innocent parties to a settlement agreement are victims of cybercrime resulting in settlement funds being misdirected to a fraudster?
Canada
19 Sep 2019
2
Emails Can Satisfy The Acknowledgement Requirement And Forbearance Can Postpone Discoverability Of A Claim
In University Plumbing v Solstice Two Limited, 2019 ONSC 4276, the Superior Court addressed two questions: (i) whether an email can satisfy the acknowledgement requirement under s.
Canada
19 Sep 2019
3
Supreme Court To Revisit Good Faith
On June 26, 2019, the Supreme Court of Canada (SCC) granted leave to appeal the Ontario Court of Appeal's decision in CM Callow Inc. v. Zollinger (Callow),
Canada
16 Sep 2019
4
Scope Of Arbitration Agreements: BC Supreme Court Decision Highlights The Importance Of Defining The Scope Of An Arbitration Agreement
The recent decision of the Supreme Court of British Columbia in Octaform Systems Inc v. Clayworth confirms that a court may only dismiss an application for a stay of proceedings under
Canada
16 Sep 2019
5
Araya v Nevsun: Potential Expansion Of Local Liability For International Actions
On January 23, 2019, the Supreme Court of Canada heard oral arguments on the appeal in Nevsun Resourcs Ltd. v Gize Yebeyo Araya et al. ("Nevsun").
Canada
16 Sep 2019
6
Timing (And Purpose) Is Everything: The Importance Of Prompt Disclosure To Admissibility Of Video Surveillance Evidence
In Nemchin v. Green,1 the Court of Appeal for Ontario clarified a number of important aspects of the process for determining the admissibility of video surveillance evidence at trial.
Canada
13 Sep 2019
7
Lack Of Signature Block In Emails Fatal To Debt Enforcement
If you find work-related emails to be ubiquitous, you will likely find the same of signature "blocks", setting out the sender's name, position and contact information
Canada
13 Sep 2019
8
Court Of Appeal Addresses Two Issues: The Interpretation Of S. 12 Of The Limitations Act In The Context Of A Bankrupt Company, And Whether An Appeal Of An Underlying Judgment Tolls The Limitation Period
In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity
Canada
13 Sep 2019
9
"No Good Deed Goes Unpunished" - Case Comment – Re Koziey Estate, 2019 ABCA 43
In the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta
Canada
29 Jul 2019
10
Court Finds Language Of Privacy Act Precludes Arbitration Of Privacy Disputes
There have been a number of recent decisions in the arbitration space regarding when it is appropriate to stay litigation in favour of arbitration and where it is not.
Canada
29 Jul 2019
11
Commencing A Claim In The Wrong Forum Does Not Suspend The Running Of A Limitation Period
In Benuik v Leamington, 2019 ONSC 1830, the court addressed the issue of whether the law permits the postponing or suspending of a limitation period simply because a plaintiff brought its claim in the wrong forum.
Canada
29 Jul 2019
12
Determining Insurer Liability: A Borrowed Car
In the recent decision, Tokio Marine & Nichido Insurance Company v. Security National Insurance Company, 2019 ABQB 622, the Alberta Court of Queen's Bench (the "Court")
Canada
25 Jul 2019
13
Mining Regulator May Owe Duty To Mine Owners
Last summer, the Supreme Court of British Columbia held that a mining regulator may, in limited circumstances, owe a duty to pay a mine owner for its losses
Canada
22 Jul 2019
14
The Injured & The Restless: Principles Of Contractual Interpretation Leave Insured With An Uphill Battle For Mattress Coverage
The general principles of contractual interpretation require a decision-maker to read the contract before them as a whole, giving the words used their ordinary and grammatical meaning
Canada
16 Jul 2019
15
Extinctive Prescription And Gradual Damage: What Is The Starting Point?
In the Lacour v. Construction D.M. Turcotte TRO inc. decision delivered in June 2019, the Court of Appeal of Québec distanced itself from the established traditional principles relating to prescription (limitation of actions)...
Canada
10 Jul 2019
16
Leave To Commence Derivative Action Allowed Where Continuous Breaches Occurred Under An Agreement
In Sax v Rick Aurora, 2019 ONSC 3573, the Divisional Court considered the application of the Limitations Act, 2002 in the context of a derivative claim brought under section 246 of the Business
Canada
9 Jul 2019
17
Family Law Act Claims Commenced Under S. 61 Are A Separate Cause Of Action In The Context Of Personal Injury Litigation
When it comes to claims brought by family members pursuant to s. 61 of the FLA, the latest word from an Ontario court indicates that the two year limitation period applies to those claims as separate causes of action.
Canada
5 Jul 2019
18
Scope Of Canada Revenue Agency Audit Powers Limited By Recent FCA Decision. The CRA Response Raises New & Different Risks For Taxpayers
The Federal Court of Appeal recently drew clear boundaries around the CRA's audit powers, holding that the Agency cannot not compel employees of a taxpayer to attend interviews to answer oral questions...
Canada
4 Jul 2019
19
Defendants Awarded Costs Where Bringing Breach Class Action Was "Questionable"
In the costs motion arising from the litigation regarding the Casino Rama breach, Justice Belobaba awarded costs to the defendant, saying there was neither public interest nor a novel issue sufficient to warrant costs...
Canada
4 Jul 2019
20
Alberta Court Of Appeal Confirms That Directors May Be Held Personally Liable For Injuries Sustained In A Workplace Incident
The Alberta Court of Appeal recently revisited the question of directors' personal liability for injuries sustained in a workplace incident.
Canada
7 May 2019
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