Category: Litigation & Dispute Resolution

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Litigation Notes on Bitcoin and Other Cryptocurrencies

January 17, 2018

Cryptocurrency is evolving and with that, a plethora of legal issues are likely to arise. That will undoubtedly create the requirement for courts to apply not only new remedies to address claimed wrongdoings related to cryptocurrency transactions but, in addition, the use and expansion of existing remedies. WHAT IS BITCOIN? Bitcoin is perhaps the most widely known cryptocurrency. In 2009,…

Corporate and Financial Crimes Series, #2: Criminal Fraud

January 17, 2018

This is the second instalment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This instalment discusses criminal fraud defined in the Criminal Code and the elements of this offence that in-house counsel need to know.

Catucci v. Valeant: Implications for Quebec Financings

January 10, 2018

Quebec courts have reaffirmed how challenging it can be for underwriters, issuers and other defendants to resist securities class actions for statutory primary market liability at the authorization or “certification” stage. In 2017, the Superior Court of Québec and the Québec Court of Appeal gave the green light for a class action lawsuit involving Valeant Pharmaceuticals International Inc. (Valeant), a…

Unanimous Supreme Court of Canada Denies Leave on Chronic Delay Case

January 5, 2018

The Supreme Court of Canada (SCC) recently dismissed leave to appeal from the Alberta Court of Appeal decision in Humphreys v. Trebilcock (Humphreys), which is perhaps the most comprehensive consideration to date of whether delay in the prosecution of a plaintiff’s case warrants dismissal of an action. The decision by the Alberta Court of Appeal was subject to comment in…

SCC Affirms Duty of Care but Reduces Auditor’s Damages in Livent Decision

December 21, 2017

On December 20, 2017, the Supreme Court of Canada (SCC) released its long-awaited decision in Deloitte & Touche v. Livent Inc. (Receiver of) (Livent), which addressed the issue of the auditor’s liability for failing to detect a fraud perpetrated by the directing minds of Livent Inc. (Livent). The seven-member panel was unanimous that the defendant auditor was not liable to…

Class-Action Climate in Canada: Recent Developments and Growing Trends

December 13, 2017

Class actions across Canada continue to grow in volume and complexity, triggering significant policy and financial implications for businesses in Canada. With the Law Commission of Ontario’s recent announcement that it is reactivating its comprehensive review of class actions in Ontario, we may see important law reform on the horizon to evolve with the changing landscape. Join leading lawyers from…

Alberta’s Balancing Pool Confirms Right to Terminate Keephills Power Purchase Agreement

December 12, 2017

Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool), the Balancing Pool has performed its assessment and verified and accepted ENMAX’s notice terminating the Keephills power purchase agreement (PPA) (Keephills Termination Notice),…

Corporate and Financial Crimes Series

December 5, 2017

In this six-part series on corporate and financial crimes, we outline basic principles of criminal and quasi-criminal law that may arise in the running of a business. Our lawyers also provide brief answers to questions that in-house counsel routinely ask relating to these issues. Criminal Law 101 Criminal Fraud Bribery & Corruption Offences Money Laundering Securities-Related Offences Competition Register to receive…

Corporate and Financial Crimes Series, #1: Criminal Law 101

December 5, 2017

This is the first instalment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This instalment discusses important aspects of the Criminal Code for Canadian organizations.

B.C. Supreme Court Extends Arbitration Agreement to Non-Signatories

November 29, 2017

In Northwestpharmacy.com Inc. v. Yates, the B.C. Supreme Court upheld an application by the defendants to stay legal proceedings in favour of arbitration, despite the fact that the defendants themselves were not signatories to the arbitration agreement. The decision demonstrates the generous approach taken by the courts to granting a stay in favour of arbitration, and confirms that although a…

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