Searching Content indexed under Arbitration & Dispute Resolution by Fasken ordered by Published Date Descending.
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8 Jul 2019
When Are Mandatory Arbitration Clauses Unenforceable?
There is a proposed class action lawsuit against Uber in Ontario.
26 Mar 2019
Class Action Against Nissan: Discontinuance Granted, Application For Authorization Refused (In Obiter)!
On February 26, 2019, in the case of Lévesque c. Nissan, the Honourable Justice Donald Bisson of the Québec Superior Court granted an application by Francis Lévesque to discontinue his Application for Authorization to Institute a Class Action.
26 Mar 2019
Leave To Appeal From A Judgment Authorizing A Class Action Granted – A Rare Occurrence!
On March 5, 2019, the Court of Appeal granted a request by the defendant pharmacies for leave to appeal from the decision by the Superior Court in the matter of Pharmacie Tania Kanou (Jean Coutu) v. Côté ...
26 Mar 2019
ASC Advertiser Dispute Resolution Procedure Revamped
Ad Standards announces new process for handling competitor advertising complaints. Effective Monday, February 11, 2019, Ad Standards will implement a new process for handling complaints between competitor advertisers.
5 Mar 2019
"Sex, Lies And Videotape" --Good Evidence?
An employer installs video surveillance in his office with the intent to catch any employees rifling through his private file cabinet. What is caught on tape is two employees doing something entirely different.
14 Jan 2019
Sexual Orientation Does Not Excuse Inappropriate Conduct
On that basis, the Tribunal ordered the complainant to pay costs to the District.
15 Oct 2018
Canadian DPA? Cross-Country Consultations Begin
More than two years ago, in the context of its procurement modernization initiative designed to ensure that it was doing business with ethical suppliers, the Government of Canada introduced a government-wide...
7 Nov 2017
Panama Papers: CRA Getting Tougher On Tax Evasion
We are beginning to see the legal enforcement fallout from the now infamous Panama Papers. CRA concerted efforts to find undeclared offshore money and assets is moving into full gear.
17 Aug 2017
Time Stands Still For Arbitration Awards
After much conflicting decisions, the relationship between the Prescription Act, 1969 and the Labour Relations Act, 1995...
South Africa
16 Aug 2017
Characterization Of A Contract Relating To A Resort Hotel Project Involving A Rental Pool: Lease Or Contract For Services?
In the recent decision in Station Mont-Tremblant v. Banville-Joncas,[1] the Court of Appeal was asked to characterize a contract between the developer of a resort hotel project and the owners...
1 Aug 2017
Commentary On Station Mont-Tremblant C. Banville-Joncas - Qualifying A Contract In A Resort Hotel Project Involving A Rental Pool: Lease Or Contract For Services?
The commentary summarizes the Court of Appeal's decision on the nature of a lease between the resort hotel project promoter and the condominium unit owners.
26 Jul 2017
No Exception Regarding The Prescription Rule Applicable To Lawyers Claims For Professional Fees
On June 9, 2017, the Supreme Court of Canada addressed the issue of the start date of the prescription period of lawyers' claims for professional fees in the matter of Pellerin Savitz LLP v....
3 Jul 2017
Pas d'exception à la règle pour la prescription applicable en matière de réclamation des comptes d'honoraires d'avocats
Le 9 juin 2017, la Cour suprême du Canada s'est penchée sur le point de départ de la prescription en matière de réclamation d'honoraires professionnels d'avocats dans l'arrêt Pellerin Savitz...
28 Jun 2017
Phoning It In: Termination Appropriate For Employee Who Called in "Sick" | The HR Space
Determining the legitimacy of an employee’s illness is a tricky situation for employers across the country.
23 Oct 2013
Court of Appeal Specifies Criteria that Apply to Authorizations to Institute Actions for Secondary Market Liability (s. 225.4 of the Securities Act)
On February 24, 2012, the Superior Court rendered Québec's first decision on the application of the new provisions of the Securities Act (the "Act") regarding secondary market liability (êt_C.A_THERA.pdf (PDF available in French only)). The decision authorized the plaintiff to bring an action for damages pursuant to section 225.4 of the Act by means of a class action.
23 Jul 2013
Court of Appeal Dismisses Canadian Franchise Association’s Motion to Intervene in the Dunkin’ Donuts Matter
The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.
19 May 2013
Should Competition Act Claims Be Arbitrable? A Case Comment On Murphy v. Amway
In the recent decision of Murphy v. Amway, the Federal Court of Appeal upheld the lower court's determination that claims under the Competition Act are arbitrable.
1 May 2013
Free Trade With Europe: Challenges And Opportunities
With President Obama's announcement in February 2013 that the United States will be launching trade negotiations with the European Union ("EU") this summer, the pressure is on for Canada and the EU to complete the Canada European Union Comprehensive Economic and Trade Agreement ("CETA") negotiations.
23 Apr 2013
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