Category: Litigation & Dispute Resolution

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Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

December 10, 2015

The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure proceeding under Part XXIII.1 of the Ontario Securities Act (OSA). The decision also illustrates how a court’s assessment of these defences may differ as between an issuer…

Navigating Securities Litigation: A Review of Recent Developments

December 8, 2015

The stakes have never been higher for defendants facing civil and enforcement proceedings relating to their capital market activities. Securities class actions, activist shareholders and an ever-changing regulatory regime pose continuous challenges for public issuers and their directors and officers. Our panel of securities and litigation practitioners address recent trends and developments in securities litigation. Topics: Securities class action update…

B.C. Supreme Court Dismisses Petition in Proxy Fight Over Kobex

December 2, 2015

The British Columbia Supreme Court (Court) recently considered certain issues relating to a proxy battle involving a TSX Venture Exchange-listed issuer, Kobex Capital Corp. (Kobex). The Court’s decision in Kingsway Financial Services Inc. v. Kobex Capital Corp. demonstrates a deferential approach to the internal decisions of a company in the context of a contested shareholders’ meeting. FACTS A dissident group…

De Minimis Rule is Back in the Context of Class Actions

November 25, 2015

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances, class actions have been filed to claim damages for minor and transient inconveniences, under various heads of damages, such as “psychological…

AML – Again More Law (2015)

November 18, 2015

Blakes lawyers provide an update on recent and proposed changes to Canadian anti-money-laundering legislation and related issues. Topics include: Proposed new regulations Changes to non-face-to-face identification verification Adding domestic politically exposed persons (PEPs) New expectations for risk assessments FINTRAC and suspicious transaction reporting Sanctions update International guidance Accreditation: OntarioThis program is eligible for up to 1.5 Substantive Hours.

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

November 17, 2015

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis of inutility under the evolving and controversial promise doctrine in patent law. BACKGROUND On June 13, 2013, Eli Lilly and Company (Eli Lilly) initiated a C$500-million claim…

Alberta Decision May Make Builders’ Lien Filing Deadline Less Certain, More Litigated

November 16, 2015

In Boulevard Real Estate Equities Ltd. v. 1851514 Alberta Ltd. (Boulevard Real Estate Equities), a master of the Alberta Court of Queen’s Bench held that if an owner makes a representation to a contractor that causes the contractor to file a builders’ lien after the deadline set in the Builders’ Lien Act (BLA), the owner may be estopped from having the…

U.K.’s Revised Law on Liquidated Damages Clauses Could Mean Similar Changes for Commercial Contracts in Canada

November 12, 2015

Last week, the U.K. Supreme Court (UKSC) changed the law on liquidated damages clauses (LDCs), giving parties greater freedom to decide on damages for contractual breaches. The case may cause Canadian courts to revise the law in a similar manner and provide parties with greater flexibility for predetermining damages in commercial contracts — a change which many parties would welcome….

Enough Is Enough: Court Suspends Class Action for Vexatious Conduct by Petitioner, Counsel

November 10, 2015

In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée, in which — for the first time in the area of class actions — the Court granted a motion for declaration of improper use of procedure, incapacity and quarrelsome conduct against a representative and…

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