Category: Litigation & Dispute Resolution

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Supreme Court Enforces Arbitration Clause and Stays Business Customer Claims in Class Action

April 10, 2019

On April 4, 2019, a majority of the Supreme Court of Canada (SCC) in TELUS Communications Inc. v. Wellman (Wellman) decided that business customer claims in a class action should be stayed pursuant to arbitration clauses in the standard terms and conditions of those customers’ contracts. It further concluded that the Ontario Arbitration Act did not provide courts with jurisdiction…

Alberta Court Overturns Ministerial Decision on Oil Sands Cost Recovery

March 19, 2019

On judicial review, the Alberta Court of Queen’s Bench overturned a ministerial decision of the Alberta Department of Energy (ADOE) regarding costs incurred by an oil sands project owner in Fort Hills Energy Corporation v. Alberta (Minister of Energy). The case was decided on a standard of reasonableness and is the first to interpret and articulate the underlying policy of…

Refining Fairness: Precedent-Setting Cases in Procurement Law

March 7, 2019

In 2018, courts made significant rulings about what fairness means in procurement law from the perspective of owners and bidders alike. For example, in one case a court reaffirmed the long-standing principle that there is no contractual duty of fairness outside of the “Contract A” framework and rejected the notion that an independent duty of fairness arises under tort principles….

And Then There Were Four: New High-Cost Credit Legislation Proposed in British Columbia

March 5, 2019

On February 26, 2019, Bill 7 – Business Practices and Consumer Protection Amendment Act, 2019 (Bill) was introduced as part of British Columbia’s Consumer Financial Protection Action Plan. If passed, the Bill will amend the Business Practices and Consumer Protection Act (BPCPA) to provide for a new high-cost credit regime and add new prohibitions that will apply to payday lenders,…

Former Vessel Owner Not Liable to Ship-Source Oil Pollution Fund

February 26, 2019

A recent decision of the Federal Court of Canada provides helpful guidance to parties involved in the purchase and sale of a ship. It addresses the issues of whether a former shipowner can be liable for environmental contamination caused after title to the ship has passed to a new owner, and whether registration of the new owner is required for…

Securities Litigation: Recent Developments and Emerging Trends

February 21, 2019

Please join our national panel of Securities Litigation lawyers to explore recent trends, developments and what’s next in securities litigation and regulatory enforcement. Topics: What does the future hold for a national securities regulator in the wake of the Supreme Court decision? #MeToo in the context of securities litigation National trends in securities regulatory enforcement New developments in financial products…

Alberta Court of Appeal Restates the Test for Summary Judgment

February 12, 2019

On February 6, 2019, a five-justice panel of the Alberta Court of Appeal (Court) issued its eagerly awaited decision in Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (Weir-Jones). The Court restated the test for summary judgment in Alberta, providing much needed certainty to litigants seeking a proportionate and timely end to disputes. BACKGROUND The Alberta Court of Appeal has…

Supreme Court of Canada Overturns Alberta Court of Appeal in Redwater Decision

January 31, 2019

On January 31, 2019, the Supreme Court of Canada (SCC) released its decision in Orphan Well Association, et. al. v. Grant Thornton Limited, et. al. – a case commonly known as Redwater. The majority overturned the Alberta Court of Appeal’s decision and found that certain sections of the Oil and Gas Conservation Act (OCGA) and Pipeline Act (PA) do not conflict with the scheme of…

Class Action Climate in Canada: Recent Developments and Emerging Trends

January 30, 2019

Join leading lawyers from Blakes for an interactive discussion that will span a cross-section of recent developments and hot-button topics such as: Emerging class action risks National and multijurisdictional class actions Cybersecurity and data breaches Employment, competition and securities class actions Settlement structures and considerations Following the seminar, we invite you to join us for cocktails and networking. Mandatory Continuing…

Supreme Court Strikes Down Expatriate Voting Restrictions: No “Social Contract” Justification

January 14, 2019

On January 11, 2019, a majority of the Supreme Court of Canada (SCC) ruled in Frank v. Canada (Attorney General) (Frank) that certain provisions in the Canada Elections Act (CEA), which denied federal voting rights to Canadian citizens who resided outside of Canada for more than five consecutive years, are unconstitutional. The majority concluded that the restrictions unjustifiably infringed the right to vote of “every citizen of Canada” in section 3 of the Charter of Rights and Freedoms (Charter). BACKGROUND…

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