Category: Litigation & Dispute Resolution

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Federal Court of Appeal Affirms Common Interest Privilege in Deal Context

March 8, 2018

On March 6, 2018, the Federal Court of Appeal (Court) released its reasons in Iggillis Holdings Inc. v. Canada (National Revenue) confirming common interest privilege as a valid exception to waiver in non-litigious circumstances. More specifically, in certain circumstances, parties with a common interest in the completion of a commercial transaction can share privileged legal advice with each other, on…

Managing Litigation Risk in Foreign Acquisitions: What Every Buyer Should Know

March 7, 2018

Thinking about making an acquisition? How will this impact your litigation risk profile? Once the company is acquired, what exposure does your company have as a result of the foreign subsidiary? This question and answer session is moderated by the head of our Mining practice and our Mining litigators. Topics The law governing foreign corrupt practices Your exposure to class actions…

SCC Provides Guidance on Trustees’ Duty to Disclose Construction Bonds to Beneficiaries

March 5, 2018

The Supreme Court of Canada (SCC) ruled in its recent decision, Valard Construction Ltd. v. Bird Construction Co. (Valard Construction), that an “obligee” or trustee under a labour and material payment bond (usually the owner or general contractor) may be required to disclose the bond’s existence to its beneficiaries (usually subcontractors). Prior to this decision, Canadian courts held that an…

Formal Bidding Process Required to Find Bid-Rigging Violation, Quebec Court Rules

March 1, 2018

The Superior Court of Québec (Court) recently acquitted an individual charged with bid-rigging under the Competition Act in R. v. Rousseau because the prosecution failed to prove that the alleged bid-rigging occurred in the context of a call or request for bids or tenders. KEY TAKEAWAYS: The prosecution must establish that the customer calling for bids held a formal process,…

Another Step Forward: Canada Announces Impending DPA Legislation and Further Integrity Regime Amendments

February 27, 2018

On February 22, 2018, Public Services and Procurement Canada (PSPC) released the results of its public consultation on corporate wrongdoing and announced impending legislative and policy changes that will reshape Canada’s white-collar enforcement landscape. The consultation focused on the potential introduction of a Canadian deferred prosecution agreement (DPA) regime and the effectiveness of the government-wide Integrity Regime (Integrity Regime). Concurrent…

Choose Your Own Adventure: IIROC Requests Input on Enforcement Alternatives

February 27, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) is engaged in a three-year strategic plan to expand its portfolio of enforcement options. As part of this initiative, IIROC has proposed two potential new enforcement options and has invited industry input. The proposal is to introduce a Minor Contravention Program (MCP) and Early Resolution Offers (ERO) into the IIROC enforcement portfolio….

Quebec Court of Appeal Refines the Principles Applicable to the Characterization of Contracts

February 26, 2018

On February 15, 2018, the Supreme Court of Canada (SCC) dismissed leave to appeal in Station Mont Tremblant v. Banville-Joncas. In its decision, the Quebec Court of Appeal (Court) reaffirmed and elaborated on the principles applicable to the characterization of contracts as expressed in Montréal, Maine & Atlantique Canada Cie/Montreal, Maine & Atlantic Canada Co. (M.M.A.) (Arrangement relatif à). BACKGROUND…

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

February 22, 2018

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for resolution. The competence-competence doctrine is an internationally recognized principle that an arbitral tribunal has the power to determine its own jurisdiction. In Ontario, the doctrine has been enacted into both section…

Fight Against Corruption: Quebec Grants UPAC Greater Independence, Authorizes Agreements with Cooperating Witnesses

February 21, 2018

The recommendations of the Charbonneau Commission report filed in November 2015 continue to resonate within the Quebec legislative landscape. An Act to increase the jurisdiction and independence of the Anti-Corruption Commissioner and the Bureau des enquêtes indépendantes and expand the power of the Director of Criminal and Penal Prosecutions to grant certain benefits to cooperating witnesses (Act), implementing several of…

Canada’s Privacy Commissioner Recommends European-Style “Right to be Forgotten”

February 8, 2018

Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper). The paper takes the position that current federal privacy legislation, the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA), entitles individuals to ask search engines to de-index web pages that contain inaccurate, incomplete or outdated information about…

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