Category: Litigation & Dispute Resolution

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IIROC Making Fine Progress in Monetary Collection Efforts

May 17, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) recently released its Annual Enforcement Report (Report), which highlights IIROC’s efforts to increase its rate of collection on monetary fines, including through increased legal authority to collect unpaid fines through the provincial court systems. INCREASED LEGAL AUTHORITY As detailed in the Report, since January 2017, IIROC has been granted enhanced enforcement capabilities…

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

May 15, 2018

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is fundamentally incompatible with EU law. The decision may effectively invalidate the 196 BITs currently in force between EU Member States. For Canadian and other non-EU parties,…

Careless Whispers: Ex Parte Communications Lead to Overturned Arbitration Award

May 3, 2018

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise to a reasonable apprehension of bias, rendering the arbitration award void and unenforceable.   BACKGROUND The arbitration was between the owners of a…

New B.C. Legislation Proposes Multi-Jurisdictional Opt-Out Class Actions

April 27, 2018

INTRODUCTION Recently, the Government of British Columbia introduced Bill 21, 2018 Class Proceedings Amendment Act, to amend the Class Proceedings Act, R.S.B.C. 1996 (amended CPA). The bill received third reading on April 26, 2018. The amended CPA will permit national opt-out classes to be certified by the B.C. courts, which is a significant change from the current requirement that non-resident class…

Market Correction: B.C. Court Orders Securities Regulator to Revisit Sanctions Regime

April 25, 2018

The British Columbia Court of Appeal (Court) recently released its decision in Davis v. British Columbia (Securities Commission) (Davis), overturning the decision of the B.C. Securities Commission (Commission) to impose a lifetime market ban on an individual for committing fraud pursuant to the B.C. Securities Act. The decision is a strong rebuke of the Commission’s overly formulaic approach to sanctions,…

Ontario’s New Construction Lien Act: An Update

April 18, 2018

There have been many developments since our original seminar on the proposed changes to the Construction Lien Act (Act). The final version of the Act reflected a number of changes proposed during the public consultation process. As a result, the Act as passed differed in some respects from the one discussed at the previous seminar. Draft regulations have now been…

Judge Questions Whether Ontario’s “Anti-SLAPP” Law Strikes the Right Balance

April 11, 2018

In a recent Ontario Superior Court of Justice decision, Justice E.M. Morgan used Ontario’s new “anti-SLAPP” laws to dismiss a defamation action against The Globe and Mail (Globe). In doing so, however, Justice Morgan raised concerns about whether the law, as he was required to apply it, fulfills its intended purpose of encouraging participation and expression on matters of public…

International Commercial Arbitration Act Amendments to Make B.C. Even More Arbitration-Friendly

April 10, 2018

On April 9, 2018, the Government of British Columbia introduced Bill 11, International Commercial Arbitration Amendment Act, to amend the International Commercial Arbitration Act (ICAA), which has been in effect since 1996. The amended ICAA will include new provisions that are designed to align the legislative regime in British Columbia with current international best practices and to make B.C. a more desirable venue for…

2018 Ontario Budget Looks to Enhance Securities Enforcement Activities

April 5, 2018

As part of its 2018 budget (Budget), the Ontario government announced that it plans to propose new tools to enhance and expand the securities enforcement activities of the Ontario Securities Commission (OSC), including in regard to the criminal prosecution of securities fraud. The Budget does not include details of how or when these proposals will be implemented, but the announcements…

Litigation Management and Risk: Key Considerations

March 27, 2018

One of the key duties of legal departments is evaluating and managing risk, particularly around litigation. Members of the Blakes Litigation & Dispute Resolution group discussed strategic considerations in assessing litigation, practical steps in managing documentary production and the use of new technology, and recent developments in the law of privilege. Speakers Jeff Galway, Partner Anne Glover, Partner and Practice…

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