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1
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
2
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
3
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
5
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
6
Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration
The Government of Canada's proposed "Transportation Modernization Act" (Bill C-49), upon which we have previously reported, would amend the service level arbitration ("SLA") provisions...
Canada
14 Jun 2017
7
No Security For Costs For Defendants With Trust Funds
Defendants may be denied security for costs if they have holdback in trust that exceeds their reasonable costs of the action.
Canada
3 May 2017
8
New Act Modernizes Ontario's International Arbitration Regime
This bulletin highlights three of the more significant changes brought about by the New Act.
Canada
12 Apr 2017
9
Employer Benefits Obligations: Read Documents Carefully
A recent Ontario labour arbitration decision confirms the importance of having employment and benefits documents drafted with care.
Canada
28 Mar 2017
10
No Construction Liens On Foreign Government Land In Ontario
Contractors working on foreign governments' land in Ontario may not be entitled to lien.
Canada
2 Mar 2017
11
Appealing The Arbitrator: A New Avenue Of Appeal In British Columbia
Recent changes to the Domestic Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre expand parties' options to appeal arbitral decisions.
Canada
31 Jan 2017
12
No Avoidance In Delay: A Cautionary Tale For Plaintiffs With Dormant Files
The plaintiff alleged that the defendants misused a power of attorney, depriving the plaintiff of repayment of a shareholder loan.
Canada
11 Jan 2017
13
Arbitration Clauses And Shareholder Disputes: Clarity From The Ontario Court Of Appeal
In our August 2015 Litigation Bulletin, we warned that the Ontario Superior Court decision in Haas v. Gunasekaram & Feng would create uncertainty over the scope and enforceability of arbitration clauses in shareholders' agreements and other contracts.
Canada
25 Oct 2016
14
Make Sure You Follow The Proper Procedure If You Want To Claim For Extras And Delay Costs
In the recent decision, Ross-Clair v. Canada (Attorney General) the Ontario Court of Appeal reaffirmed and clarified the necessity to follow the provisions in a construction contract to properly advance a claim for compensation in excess of the contract price.
Canada
16 Sep 2016
15
The (Non) Smoking Gun: What You Need To Enforce Strata Bylaws in Court
In the recent BC Supreme Court decision of Strata Plan NW 1815 v Aradi, 2016 BCSC 105, the Court clarified its authority to step in and enforce bylaws enacted by strata councils.
Canada
2 Mar 2016
16
Arbitration Clauses And Shareholder Disputes: Are "Fussy Distinctions" Undermining Efficient Dispute Resolution?
In 2007, the House of Lords declared that it was time to make a "fresh start" in the English approach to the scope and effect of arbitration clauses.
Canada
28 Aug 2015
17
The Perils Of Ignoring Faulty Offers To Settle: Expanded Discretion Under Rule 49
A variety of considerations go into deciding whether to accept an offer to settle a business dispute.
Canada
12 Mar 2015
18
When Is A Rule A Rule? American And Canadian Approaches
recent decision of the United States Court of Appeals for the Federal Circuit provides an opportunity to contrast how American and Canadian courts respond to the failure of a tribunal to comply with its own procedural rules.
Canada
19 Dec 2014
19
Canada Launches Enhanced CSR Strategy For Extractive Sector Companies Operating Abroad
On November 14, 2014, Canada's Minister of International Trade announced an enhanced corporate social responsibility ("CSR") strategy, "Doing Business the Canadian Way.
Canada
5 Dec 2014
20
Labour Arbitrators And Canada's Competition Act: Jurisdictional Clarification
Disputes involving labour relations matters and those involving alleged anti-competitive conduct are generally deferent to specialized arbitrators or tribunals.
Canada
1 Dec 2014
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