Category: Litigation & Dispute Resolution

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Update: Extractive Sector Transparency Measures Act Now In Force

June 3, 2015

  The Extractive Sector Transparency Measures Act (ESTMA) came into force on June 1, 2015. ESTMA is designed to reduce international corruption by enacting reporting obligations with respect to payments made to foreign and domestic governments (and government officials), and eventually aboriginal or indigenous governments.   As set out in our November 2014 Blakes Bulletin: Extracting Transparency: New Bill Creates…

Broad Reach for Canadian Securities Regulators for Insider Trading

June 3, 2015

In a settlement agreement recently endorsed by the Ontario Securities Commission (OSC), respondent Anand Hariharan agreed to settle insider trading allegations made by OSC enforcement staff (Staff) against him. The settlement is notable in that Mr. Hariharan had not actually contravened the insider trading provisions set out in Ontario’s Securities Act, as the relevant issuer was not a reporting issuer…

The Long Arm of the Law is Not That Long: Court Declines Jurisdiction over Document Production by Foreign Non-Party

June 1, 2015

  In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a proceeding in B.C. to which it is not a party. The decision provides reassuring guidance on the basis of jurisdiction relating to contractual obligations…

SCC Rules on Impartiality and Independence of Expert Witnesses

May 5, 2015

On April 30, 2015, the Supreme Court of Canada (SCC) released its decision in White Burgess Langille Inman v. Abbott and Haliburton Co. (White Burgess), relating to courts’ assessment of the impartiality and independence of expert witnesses. In a unanimous decision, the SCC held that the impartiality and independence of expert witnesses is a factor to be considered when determining…

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

April 22, 2015

  On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). This case addressed important principles of law with respect to the interpretation and application of Alberta’sFreedom of Information and Protection of Privacy Act (FOIP Act)…

Whistleblowers to be Rewarded, Protected under OSC Proposal

April 21, 2015

  Staff of the Ontario Securities Commission (OSC) has released for public comment a consultation paper on a proposed whistleblower program (Program), under which whistleblowers would be eligible for a financial reward of up to C$1.5 million.   The Program, outlined in OSC Staff Consultation Paper 15-401 – Proposed Framework for an OSC Whistleblower Program (Consultation Paper), has five major…

First Secondary Market Class Action to Reach SCC Denied Leave

April 20, 2015

  In a decision released on April 17, 2015, the Supreme Court of Canada (SCC) overturned the Québec Court of Appeal’s judgment in Theratechnologies Inc. v. 121851 Canada Inc. (See our July 2013 Blakes Bulletin: Statutory Secondary Market Misrepresentation Claims: Quebec Court of Appeal’s First Decision for more information.)   For the first time, the SCC considered the standard for…

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

April 15, 2015

  On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita Corporation (Tervita) was valid. In rendering its decision, the Court of Appeal answered two questions of interest to both contractors and owners:  …

Freeze, Ship – You’re Under Arrest: Former Warship Now Underwater Following Court Order

April 9, 2015

  The Federal Court ordered that a former Royal Canadian Navy destroyer be released from arrest before trial, without bail, so the ship could be sunk by its owner to create an artificial reef near Vancouver. The court’s order demonstrates that plaintiffs who cause a ship to be placed under arrest could become at risk of losing the powerful benefit…

Arbitration Outcomes Not Binding on Subsequent Arbitration Panels, Court Rules

April 8, 2015

  A recent Alberta Court of Queen’s Bench decision in ENMAX Energy Corporation v. TransAlta Generation Partnership addresses long-standing legal principles such as stare decisis and res judicata in the context of arbitration proceedings. In doing so, the court highlights some of the differences between arbitration and court proceedings. The decision is of particular interest to those parties seeking assistance from…

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