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Searching Content indexed under Arbitration & Dispute Resolution by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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1
OECD Proposes Significant International Tax Changes That Will Impact Multinationals
Earlier in 2019, the OECD published its Programme of Work [PDF] to Develop a Consensus Solution to the Tax Challenges Arising from the Digitalization of the Economy (Program of Work)
Canada
21 Oct 2019
2
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
Canada
20 Sep 2019
3
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
Worldwide
11 Jun 2019
4
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.
Canada
7 Jun 2019
5
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
6
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
Canada
23 Apr 2019
7
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.
Canada
6 Feb 2019
8
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.
Canada
27 Dec 2018
9
A Need-To-Know Guide On IP In The U.S.-Mexico-Canada Agreement
On October 1, 2018, the Government of Canada announced agreement on a deal for a modernized NAFTA, to be called the United States-Mexico-Canada Agreement (USMCA).
Canada
5 Oct 2018
10
Ontario Court Of Appeal Clarifies Jurisdictional Limits Of Secondary Market Claims In Yip V. HSBC Holdings Plc
The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc[1] provides helpful guidance on the jurisdictional limits of secondary market proceedings commenced in respect...
Canada
20 Jul 2018
11
Ontario Court Of Appeal Confirms High Bar For Reversing Arbitral Awards Under The UNCITRAL Model Law
The Ontario Court of Appeal recently confirmed the very high bar in Ontario to overturning international arbitral awards under the United Nations Commission on International Trade Law (UNCITRAL)...
Canada
14 Dec 2017
12
Ontario Court Of Appeal Signals Partial Summary Judgment May Become A Rarity In Ontario
The Ontario Court of Appeal recently released a decision cautioning that partial summary judgment may become a rarity in Ontario. In Butera v Chown, Cairns LLP, 2017 ONCA 783...
Canada
30 Nov 2017
13
The SCC Considers Who Bears The Risk Of A Fraudulent Cheque: The Drawer Or The Bank?
Cheque fraud happens. Sometimes it happens through a scheme in which both the drawer of the fraudulent cheque and the collecting bank that negotiates the cheque are completely innocent victims of a third party.
Canada
9 Nov 2017
14
Canada Signs Multilateral Tax Agreement
Canada and 67 other jurisdictions signed the OECD's Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting on June 7, 2017, at a signing ceremony in Paris.
Canada
19 Jun 2017
15
New International Commercial Arbitration Regime Takes Effect In Ontario
On March 22, 2017, a new international commercial arbitration act for Ontario came into force.
Canada
31 Mar 2017
16
Court Of Appeal For Ontario Clarifies Appropriate Date For Assessment Of Damages For Breach Of Contract
In its recent decision in Rougemount Capital Inc. v. Computer Associates International Inc., 2016 ONCA 847, the Court of Appeal for Ontario helpfully clarified that, absent special circumstances...
Canada
29 Nov 2016
17
British Columbia's New Franchise Regulation: How Do B.C.'s Requirements Stack Up?
Almost a year to the day after the introduction of Bill 38 in the British Columbia legislature, the B.C. government released the regulation to its Franchises Act (the B.C. Act) on October 3, 2016.
Canada
10 Nov 2016
18
Ledcor Construction Limited v Northbridge Indemnity Insurance Company: The SCC Revisits Sattva On Standard Of Review For Contractual Interpretation
The legacy of Sattva Capital Corp v Creston Moly has become more complicated as the Supreme Court begins to revisit this case.
Canada
4 Nov 2016
19
Court Reiterates Threshold For Settlement Approval: Class Counsel Must Lead Substantive Evidence On The Reasonableness Of The Settlement
A class plaintiff must seek judicial approval for any settlement under the Class Proceedings Act, and the Court must be satisfied that the settlement is fair and reasonable and in the best interests of the class.
Canada
25 Aug 2016
20
Avoiding Settlement Stumbling Blocks, Part Two: Continuing Concerns Over "Sweetheart" Deals
In an earlier post from February, we wrote about the decision in Leslie v. Agnico-Eagle Mines, where Justice Belobaba's expressed significant concern about the risk of "sweetheart" settlements.
Canada
2 Jun 2016
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