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Searching Content indexed under Trials & Appeals & Compensation by Cassels Brock ordered by Published Date Descending.
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1
A Complete Code: Was Canada's Defence In Raincoast Conservation Foundation v. Canada (Attorney General) Consistent With The Purpose Of The NEB Act?
On September 4, 2019, in Raincoast Conservation Foundation v. Canada (Attorney General)1, Justice Stratas of the Federal Court of Appeal allowed six applications by First Nations
Canada
10 Sep 2019
2
Costly Tweeting: Employee Pays High Price For Breaching Settlement Agreement
It is common for many employers to choose to settle workplace disputes rather than litigate. When making this decision, employers are often mindful of two major benefits of settlement:
Canada
5 Aug 2019
3
Divisional Court Confirms That Employee's Desire To Return To Work, Without More, Does Not Trigger The Duty To Accommodate
The Divisional Court's recent decision in Katz Group Canada Ltd. v. Clarke1 provides helpful guidance to employers on the scope of the duty to accommodate and an employee's obligation
Canada
1 Jul 2019
4
Asserting Aboriginal Title Does Not Alter Crown's Duty To Consult
On May 27, 2019, the Supreme Court of Yukon considered, in Ross River Dena Council v Yukon,1 whether the Crown's obligations pursuant to the duty to consult change when Aboriginal title is asserted.
Canada
21 Jun 2019
5
Ontario Court Confirms Low Threshold For Setting Aside Default Judgment
In 2355305 Ontario Inc. v. Savannah Wells Holdings Inc., 2019 ONSC 1220, the Ontario Superior Court of Justice recently confirmed the relatively low threshold for the granting of a motion.
Canada
23 Apr 2019
6
Supreme Court Of British Columbia Grants Injunction To Preserve Contractual Rights
A recent case out of the Supreme Court of British Columbia demonstrates the significance of preserving a franchisor's contractual rights under a franchise agreement.
Canada
23 Apr 2019
7
A Boost Of Guidance From The Alberta Court Of Appeal Regarding Relief From Forfeiture
The recent decision in Booster Juice Inc. v. West Edmonton Mall Property Inc., 2019 ABCA 58, has provided further guidance on the factors that courts may consider when granting relief from forfeiture.
Canada
23 Apr 2019
8
Clarity For Crabby Joe's?: The Supreme Court Of Canada Denies Leave To Appeal In Franchise Dispute
In our previous newsletters, we reported on the case of 2212886 Ontario v. Obsidian Group, which arose out of a motion for partial summary judgment concerning a franchise dispute.
Canada
23 Apr 2019
9
Court Of Appeal Rejects Recognition Of New Negligence-Based Tort Of Harassment
In other words, the proposed new tort would have lowered the threshold for potential liability by an employer to a negligence standard.
Canada
28 Mar 2019
10
A Joint Effort: Nova Scotia Court Certifies Canada's First Ever Cannabis Product Liability Class Action
With the legalization of medical and recreational cannabis in Canada, product liability litigation was almost certain to follow.
Canada
21 Mar 2019
11
Supreme Court Of Canada Releases Decision In Redwater
On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association, Alberta Energy Regulator v. Grant Thornton Limited and ATB Financial.
Canada
7 Feb 2019
12
The Midas Touch: Ontario Court Relies On Franchise Case To Apply Ontario Employment Legislation To California Employment Case
In McMichael v The New Zealand & Australian Lamb Company, the plaintiff, a former VP of operations at a lamb processing facility owned by the defendant in Los Angeles,
Worldwide
21 Dec 2018
13
Guidance From The Supreme Court Of Canada On Relational Contracts And The Duty Of Good Faith
In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec,1 the Supreme Court of Canada engaged in a discussion regarding franchise law in a non-franchise context.
Canada
21 Dec 2018
14
Sweet Success: Supreme Court Of Canada Denies Dairy Queen Franchisee's Leave Application
The Supreme Court of Canada has dismissed a former Dairy Queen franchisees' application for leave to appeal a decision affirming the franchisor's enforcement of a Mutual Cancellation and Release
Canada
21 Dec 2018
15
In The Public Interest: BCSC Panel Finds Man Abused BC's Capital Markets
On October 9, 2018 the British Columbia Securities Commission (BCSC or Commission) found that it was in the public interest to make orders against a party.
Canada
31 Oct 2018
16
SCC Opens Door To More Litigation In Mikisew Cree First Nation V. Canada (Governor General In Council)
On October 11, 2018, the Supreme Court of Canada (SCC or Court) found that the duty to consult was not triggered during the "law making process" in its decision Mikisew Cree First Nation v. Canada...
Canada
16 Oct 2018
17
Ontario Court Rejects ‘Audacious' Attempt By Franchisee To Escape Loan Obligation
In a recent decision of the Ontario Superior Court of Justice, Royal Bank of Canada v. Everest Group Inc.1, the Court rejected a novel and creative franchise-related argument ...
Canada
15 Oct 2018
18
Distributorship Or Franchise? The Significance Of Control And Assistance In Determining The Application Of Franchise Legislation
A recent lower court decision in Manitoba (found here) provides further guidance in determining whether a business arrangement ...
Canada
15 Oct 2018
19
Ontario Court Of Appeal Allows Appeal On Rescission Decision
In a previous newsletter, we discussed the Ontario Superior Court of Justice's decision in 2212886 Ontario v Obsidian Group ...
Canada
12 Oct 2018
20
Ontario Decision Confirms That Substance Of An Agreement, Not Its Title, Will Determine Whether A Franchise Relationship Exists
On August 27, 2018, in Fyfe v. Stephens (Dial A Bottle),1 the Ontario Superior Court of Justice granted partial summary judgment and awarded damages ...
Canada
12 Oct 2018
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