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1
Supreme Court To Revisit Good Faith
On June 26, 2019, the Supreme Court of Canada (SCC) granted leave to appeal the Ontario Court of Appeal's decision in CM Callow Inc. v. Zollinger (Callow),
Canada
16 Sep 2019
2
Araya v Nevsun: Potential Expansion Of Local Liability For International Actions
On January 23, 2019, the Supreme Court of Canada heard oral arguments on the appeal in Nevsun Resourcs Ltd. v Gize Yebeyo Araya et al. ("Nevsun").
Canada
16 Sep 2019
3
Timing (And Purpose) Is Everything: The Importance Of Prompt Disclosure To Admissibility Of Video Surveillance Evidence
In Nemchin v. Green,1 the Court of Appeal for Ontario clarified a number of important aspects of the process for determining the admissibility of video surveillance evidence at trial.
Canada
13 Sep 2019
4
Lack Of Signature Block In Emails Fatal To Debt Enforcement
If you find work-related emails to be ubiquitous, you will likely find the same of signature "blocks", setting out the sender's name, position and contact information
Canada
13 Sep 2019
5
Court Of Appeal Addresses Two Issues: The Interpretation Of S. 12 Of The Limitations Act In The Context Of A Bankrupt Company, And Whether An Appeal Of An Underlying Judgment Tolls The Limitation Period
In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity
Canada
13 Sep 2019
6
"No Good Deed Goes Unpunished" - Case Comment – Re Koziey Estate, 2019 ABCA 43
In the recent decision Re Koziey Estate (2019 ABCA 43) the Alberta Court of Appeal confirmed that adverse possession is still alive and well in Alberta
Canada
29 Jul 2019
7
Commencing A Claim In The Wrong Forum Does Not Suspend The Running Of A Limitation Period
In Benuik v Leamington, 2019 ONSC 1830, the court addressed the issue of whether the law permits the postponing or suspending of a limitation period simply because a plaintiff brought its claim in the wrong forum.
Canada
29 Jul 2019
8
Determining Insurer Liability: A Borrowed Car
In the recent decision, Tokio Marine & Nichido Insurance Company v. Security National Insurance Company, 2019 ABQB 622, the Alberta Court of Queen's Bench (the "Court")
Canada
25 Jul 2019
9
Mining Regulator May Owe Duty To Mine Owners
Last summer, the Supreme Court of British Columbia held that a mining regulator may, in limited circumstances, owe a duty to pay a mine owner for its losses
Canada
22 Jul 2019
10
Extinctive Prescription And Gradual Damage: What Is The Starting Point?
In the Lacour v. Construction D.M. Turcotte TRO inc. decision delivered in June 2019, the Court of Appeal of Québec distanced itself from the established traditional principles relating to prescription (limitation of actions)...
Canada
10 Jul 2019
11
Leave To Commence Derivative Action Allowed Where Continuous Breaches Occurred Under An Agreement
In Sax v Rick Aurora, 2019 ONSC 3573, the Divisional Court considered the application of the Limitations Act, 2002 in the context of a derivative claim brought under section 246 of the Business
Canada
9 Jul 2019
12
Scope Of Canada Revenue Agency Audit Powers Limited By Recent FCA Decision. The CRA Response Raises New & Different Risks For Taxpayers
The Federal Court of Appeal recently drew clear boundaries around the CRA's audit powers, holding that the Agency cannot not compel employees of a taxpayer to attend interviews to answer oral questions...
Canada
4 Jul 2019
13
Defendants Awarded Costs Where Bringing Breach Class Action Was "Questionable"
In the costs motion arising from the litigation regarding the Casino Rama breach, Justice Belobaba awarded costs to the defendant, saying there was neither public interest nor a novel issue sufficient to warrant costs...
Canada
4 Jul 2019
14
Court Dismisses Statutory Misrepresentation Claim Against Credit Union Board In Landmark Decision
For the first time, the Ontario Superior Court of Justice released a decision that considered issues of statutory misrepresentation in an offering statement under the Credit Unions and Caisses Populaires Act, 19941.
Canada
11 Apr 2019
15
Fairness And Transparency In Large Project Public Procurement
At the core of any procurement are two fundamental elements: the description of what bidders are required to submit as a bid,
Canada
25 Mar 2019
16
R. v. Barra: A Timely But Qualified Success For Canada's Corruption Of Foreign Public Officials Regime
Amidst the media and political storm engulfing the Prime Minister's Office over its handling of the ongoing SNC-Lavalin proceedings, the conviction of two businessmen on charges of bribing foreign public officials in India appears to have crept under the radar.
Canada
19 Mar 2019
17
Privacy In The Spotlight: Ontario Superior Court Of Justice Confirms New Tort For Public Disclosure Of Private Facts
The Ontario Superior Court of Justice recently released a significant decision that both expands occupiers' liability for violence on their premises, and affirms a new privacy tort that censures
Canada
26 Feb 2019
18
Redwater – Impacts
Accordingly, the SCC's decision fundamentally changes the application of the law by receivers and trustees.
Canada
7 Feb 2019
19
When Cyber Fraud Strikes: Delineating Coverage If Employees Are Duped
The growth and sophistication of modern fraud and cyber security attacks has necessitated adaptable countermeasures by for-profit and non-profit organizations alike.
Canada
8 Jan 2019
20
Reasonable Notice Damages For Wrongful Dismissal Cannot Be Determined Via Summary Judgment
The decision from of the Court of Queen's Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape.
Canada
3 Jan 2019
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