Category: Litigation & Dispute Resolution

Page: 1 of 26Page 1 de 2612345...1020...>>>

CETA’s Impact on the Canadian Market

September 21, 2017

The Canada-European Union Comprehensive Economic and Trade Agreement is now in force, on a provisional basis, creating new opportunities for Canadian businesses. We will be releasing a number of resources to help you navigate this new landscape, including: A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement Also, please see the following articles: CETA Now in Force: Are…

A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement

September 21, 2017

CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states. CETA comprises 30 chapters of rules respecting trade between Canada and the EU. The agreement was signed by Canadian and EU leaders on October 30, 2016. CETA will enter into force, on a provisional basis, on September 21, 2017.

Takeoff Denied Again: B.C. Court of Appeal Affirms Denial of Airline Fuel Surcharge Class Action

September 21, 2017

On September 12, 2017, the British Columbia Court of Appeal (Court) affirmed the refusal to certify a class proceeding against various airlines regarding the description of fuel surcharges in Simsek v. United Airlines, Inc. (also referred to as Unlu v. Air Canada) (Unlu). The plaintiffs alleged that the airlines improperly characterized fuel surcharges as “taxes” or “taxes and fees” on…

Recent Developments in Construction Law: What Will Amendments to Ontario’s Construction Lien Act Mean for Owners and Lenders?

September 12, 2017

  The Ontario government has tabled some long-awaited amendments to the Construction Lien Act. If these amendments pass, they will reshape the contracting framework for owners, contractors, design professionals, subcontractors and other participants involved in major construction projects in Ontario, including P3/AFP projects in the construction industry. Please join us as we take an in-depth look at the legislation and the…

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

September 8, 2017

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on August 3, 2017. The Act is designed to impose transparency measures in the mining and oil and gas industries, discourage and detect corruption and foster…

B.C. Court of Appeal Decision a Setback for Class Action Defendants

August 28, 2017

On August 18, 2017, the British Columbia Court of Appeal (Court of Appeal) released a significant decision relating to certification matters for class actions that could have wide-ranging effects on competition class actions commenced in B.C. and elsewhere. Godfrey v. Sony Corporation (Godfrey) involved an appeal from a B.C. Supreme Court decision allowing certification of a class action on behalf…

Ontario Court Upholds Ruling Reducing Exaggerated Lien

August 18, 2017

The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens registered under the Construction Lien Act (CLA). The decision illustrates the importance for contractors to correctly calculate their lien claims, the remedies available to an owner…

Lien on Me: B.C. Court Cancels Builder’s Lien Due to Procedural Misstep

August 2, 2017

In Scandia Paving Ltd. v. Bengag (Scandia Paving), the Supreme Court of British Columbia (Court) cancelled the plaintiff’s builder’s lien because the plaintiff commenced its enforcement action in the wrong court registry. The Court had discretion to preserve the lien by transferring the action to the correct court registry, but declined to do so, principally due to the plaintiff’s failure…

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

July 24, 2017

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found that under either Bangladesh or Ontario law, putative class members had no legally viable claims against the defendants. The decision raises several local…

Arrested Development: Ship Released from Arrest Despite Pending Appeal

July 20, 2017

In Platypus Marine, Inc. v. TATU (TATU), the Federal Court of Canada (Court) ordered that the defendant ship be released from arrest because there was no outstanding judgment. Although the plaintiff was appealing a judgment dismissing part of the plaintiff’s claim, the ship owner had paid the full amount awarded against it. In those circumstances, the ship owner successfully argued…

Page: 1 of 26Page 1 de 2612345...1020...>>>