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Ontario Class Actions 2019 Mid-Year Update
A bi-annual overivew of the key actions influencing the Class Actions landscape across Canada, presented by BLG's leading Class Actions team.
31 Jul 2019
Supreme Court Of Canada Won't Rule On Permissibility Of Global Class Actions: Leave Is Denied In Airia Brands
On October 25th, the Supreme Court of Canada dismissed an application for leave to appeal from the judgement of the Court of Appeal for Ontario in Airia Brands Inc. v. Air Canada ("Airia Brands").
1 Nov 2018
Ontario Court Of Appeal Cautions Against Bringing Motions For Partial Summary Judgment
Earlier this month the Court of Appeal for Ontario released a decision allowing the appeal of a partial summary judgment motion. The action arises from a claim for solicitor's negligence...
30 Oct 2017
New And Bold Decision By The Ontario Superior Court Of Justice… Who Madoff With The Money
The judiciary has occasionally been criticized by the litigation bar for not taking advantage of the summary judgment procedures set out in the Court Rules.
15 Aug 2017
Ontario Court Of Appeal: Two-Year Limitation Period For The Enforcement Of Foreign Judgments
This case means that foreign judgment creditors must act quickly to seek enforcement of judgments in Ontario.
24 May 2017
Appeal Of TMOB's Decision Amending The Statement Of Registered Goods Allowed (Intellectual Property Weekly Abstracts - Week Of May 1, 2017)
The Federal Court allowed Lucite's appeal of the Trademarks Opposition Board's (TMOB's) decision amending the registration of its mark to restrict the statement of registered goods.
4 May 2017
The Impact Of The Supreme Court Of Canada's Decision In The Case Of Gabriel Nadeau-Dubois In The Context Of Individual And Collective Labour Relations
In October 2016, the Supreme Court of Canada rendered an interesting decision in a case opposing a Université Laval student, Jean-François Morasse, and Gabriel Nadeau-Dubois, one of the main spokespersons for the "Maple Spring" movement and representative of a coalition of student organizations named the "CLASSE".
13 Mar 2017
Appeal From A Finding Of Fraud And A Disgorgement Order Of Over $16 Million Dismissed
The appellants challenged the fraud finding, the misrepresentation finding and the disgorgement order.
22 Feb 2017
Taking "No Position" On A Summary Judgment Motion Does Not Mean Taking No Risk
The case involved a plaintiff who had suffered injuries in a motor vehicle accident where the driver of the other car was unknown when the claim was commenced.
21 Feb 2017
Court Holds Claims Not Infringed, And If A Claim Was Infringed On The Basis Of A Different Construction, The Claim Would Be Invalid By Reason Of Obviousness (Intellectual Property Weekly Abstracts Bulletin — Week Of October 3)
This action for infringement concerned Arctic Cat's (AC) '738 Patent, which addressed two-stroke engines where the exhaust gas temperature is used for a particular purpose.
6 Oct 2016
NOA Found To Be Deficient For Failing To Plead The Facts And Law Relating To The Manufacture And Importation Of The Drug Product (Intellectual Property Weekly Abstracts Bulletin — Week of October 3)
Bayer has obtained an order of prohibition against the Minister of Health from issuing a NOC to Fresenius for its proposed moxifloxacin hydrochloride product.
6 Oct 2016
Court Takes Issue With Defence Medical Experts Who Derived Bulk Of Their Income From Defence Work
In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act.
25 Aug 2016
Bank Liable For Failing To Properly Report To Credit Bureaus
A recent Alberta case highlights the need for banks to ensure that they properly report on their debtor's credit status, especially in disputed situations.
17 Aug 2016
Ontario Superior Court Of Justice Denies Leave To Commence Class Action Under Securities Act
In Bradley v. Eastern Platinum Ltd., the Ontario Superior Court of Justice denied the plaintiff leave to commence a class action under the Securities Act.
8 Jul 2016
Superior Court Reaffirms Public Policy Limitation On Charitable Trusts
In a recent decision on an application by Royal Trust Corporation of Canada, Justice Mitchell of the Ontario Superior Court of Justice found a donation in a will to be contrary to public policy.
27 Jun 2016
Court Finds Agreement To Defend And Indemnify Where Insurer Appointed One Counsel To Represent Both City And Winter Maintenance Contractor
The recent Court of Appeal decision of Seidel v. Markham involved a claim where the plaintiff alleged that he had slipped and fallen on an icy sidewalk in the City of Markham.
22 Jun 2016
Courts' Power To Set Aside Discriminatory Wills Is Limited
The Ontario Court of Appeal recently overturned an Application Judge's decision to set aside a will on public policy grounds, emphasizing the principle that the scope for judicial interference with a testator's wishes is limited.
13 Jun 2016
Question Of Accidental Death Under Insurance Policy Appropriately Dealt With On Summary Judgment
The Ontario Court of Appeal has affirmed that the new fact-finding powers available to judges on summary judgment motions can allow insurers to obtain a dismissal of an executor's action...
26 Apr 2016
Ontario Superior Court Again Determines That The "New" Statutory Deductible Applies Retroactively In Motor Vehicle Tort Claims
The Ontario Superior Court has again determined that the statutory deductible, as enacted on August 1, 2015 by O. Reg. 221/15, applies retroactively to claims for non-pecuniary damages awarded in motor vehicle tort claims.
18 Apr 2016
Recent Alberta Decisions A Warning To Financial Institutions: Be More Diligent
​In two recent and related decisions, the Alberta Court has taken the opportunity to warn financial institutions to be more diligent in preventing mortgage fraud.
29 Mar 2016
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