Category: Litigation & Dispute Resolution

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ICSID Tribunal Upholds High Threshold for Granting Provisional Measures and Ordering Security for Costs

September 16, 2015

  The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order of security for costs against an investor, in the EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic arbitration. The decision confirms that inability to meet a potential costs…

Supreme Court of Canada Addresses Recognition, Enforcement of Foreign Judgments in Chevron Case

September 10, 2015

In a much anticipated ruling, the Supreme Court of Canada (SCC) has released its decision in Chevron Corp. v. Yaiguaje, addressing recognition and enforcement of foreign judgments. The SCC unanimously held that for a Canadian court to have jurisdiction over an action to recognize and enforce a foreign judgment, the only prerequisites are: that the foreign court had jurisdiction, on…

Supreme Court Affirms Constitutionality of Administrative Monetary Penalty

August 27, 2015

  In its decision in Guindon v. Canada (Guindon), released earlier this month, the Supreme Court of Canada (SCC) considered the constitutionality of an administrative monetary penalty, or “AMP” provision. The SCC’s decision, which affirmed the constitutionality of the AMP in question, has important implications for individuals or companies threatened with an AMP in the future.   AMPs   Over…

Privileged Documents and Regulatory Investigations: When Does Waiver Come Into Play?

August 26, 2015

  When a regulator comes knocking at your door, with an order compelling the production of documents, how should you treat communications between you and your lawyers? Are you required to produce privileged documents to the regulator, and if so, are the documents then discoverable in subsequent civil actions? The number of recent high-profile regulatory investigations that have taken place…

Takeoff Denied for Airline Fuel Surcharge Class Action

August 25, 2015

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are displayed on a passenger’s ticket receipt. The plaintiffs alleged that the airlines’ display of fuel surcharges constituted a deceptive act or practice contrary to B.C.’s Business Practices and…

Court Clarifies Conditions to Certify a Class Action for Damages under Section 36 of the Competition Act

August 17, 2015

On August 7, 2015, Justice R. LeBlanc of the Federal Court of Canada dismissed a motion to certify a class action in Murphy v. Amway Canada Corporation, clarifying the conditions a proposed class plaintiff must meet in order to certify a class action for damages pursuant to section 36 of the Competition Act (Act). The plaintiff claimed that the operator…

​Court Endorses High Threshold for Leave, Certification of Secondary Market Securities Class Actions

July 30, 2015

  In its recent decision in Coffin v. Atlantic Power Corp. (Coffin), the Ontario Superior Court of Justice denied a proposed securities class action leave to proceed as a statutory secondary market action and refused to certify the remaining related common law claims.   The decision in Coffin continues the recent trend of courts in cases such as Theratechnologies Inc….

You Won Your Case — Now What? SCC to Consider Intersection of Judgment Enforcement and Privacy Rights

July 29, 2015

  A plaintiff wins judgment, but the defendant (judgment debtor) refuses to pay or provide information necessary for the plaintiff (judgment creditor) to realize against the debtor’s assets. When and how can the creditor obtain that necessary information from a third party?   This is the question at the heart of Royal Bank of Canada v. Trang, a case that…

AUC Finds TransAlta Guilty of Manipulating Electricity Market

July 28, 2015

In a landmark and long anticipated decision, on July 27, 2015, the Alberta Utilities Commission (AUC) released its 217-page decision in Market Surveillance Administrator allegations against TransAlta Corporation et al., Mr. Nathan Kaiser and Mr. Scott Connelly, Decision 3110-D01-2015 (Decision). In the Decision, the AUC found that TransAlta Corporation, TransAlta Energy Marketing Corp. and TransAlta Generation Partnership (collectively, TransAlta) engaged…

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