Category: Litigation & Dispute Resolution

2019 Legal Trends: Complex Disputes

July 24, 2019

As part of our quarterly series on current trends across different industries, our second article for 2019 explores litigation developments in Canada, outlining the impact on business and the potential ramifications of recent court decisions and regulatory changes.

Law Commission of Ontario Recommends Broad Reforms for Class Actions

July 17, 2019

On July 17, 2019, the Law Commission of Ontario (LCO) released its long-awaited report, titled Class Actions: Objectives, Experiences and Reforms (Report). The LCO’s class action project, involving a comprehensive review of the Ontario Class Proceedings Act, 1992 (CPA), was initiated in November 2013 with a scoping document setting out a framework for the review and preliminary list of issues…

Alberta Court Denies Class Proceedings Against Investment Advisor, Supervisor and Dealer Institution

July 4, 2019

The Court of Queen’s Bench of Alberta illustrated the individualized view Alberta courts take towards the relationship between investors and investment  advisors, supervisors and dealer institutions, in its recent decision of Fisher v. Richardson GMP Limited (Fisher). In Fisher, Madam Justice G.A. Campbell denied certification of a class proceeding for two primary reasons: first, for failure to establish an identifiable…

Bank Litigation Update: Recent Case Studies

June 26, 2019

Please join our national panel of Blakes Litigation & Dispute Resolution lawyers for a review of significant cases impacting banks in Canada. In this seminar, we will address key issues in five important recent cases, including contractual dealings, impacts of Redwater Energy on lenders, liability for fraud, and professional conduct. Speakers: Kelly Bourassa, Partner Alexandra Luchenko, Partner Jill Lawrie, Partner…

Privilege: A Primer and Update for In-House Counsel

June 19, 2019

Privilege issues arise constantly. This seminar will provide an update about legal developments on the law of privilege and some practical guidance for both identifying and addressing privilege issues. Topics: Deal privilege Common interest privilege Litigation privilege Solicitor-client privilege Protecting and preserving privilege Speakers: David Tupper, Partner Brendan MacArthur-Stevens, Associate Allyson Hopkins, Associate Mandatory Continuing Education Ontario This program contains…

Not Above the Rules: Alberta Court of Appeal Dismisses Self-Represented Action for Delay

June 5, 2019

In its recent decision in Morrison v. Galvanic Applied Sciences Inc., the Alberta Court of Appeal (Court) reaffirmed that the Alberta Rules of Court (Rules) apply in full force to self-represented litigants. The Court upheld the dismissal of the plaintiffs’ claim, which had been commenced by the originating application when the plaintiffs were self-represented. The claim was dismissed on both…

Court of Appeal Unanimously Rules Against B.C. Blocking Trans Mountain Pipeline

May 28, 2019

On May 24, 2019, the British Columbia Court of Appeal decided unanimously that B.C.’s proposed amendments to the Environmental Management Act (Proposed Law) regarding the Trans Mountain expansion project (TMX Project) were unconstitutional. The court’s decision will have important implications for all provincial regulation of any works and undertakings, such as pipelines or railways, that cross provincial boundaries.    BACKGROUND…

Overtime for Employees Paid on an Annual Basis: Quebec’s Superior Court Denies Class Action Authorization

May 21, 2019

In its recent decision in Godin c. Aréna des Canadiens inc. (Decision), the Québec Superior Court (Court) refused to authorize an employment class action against Aréna des Canadiens inc. and Aréna du Rocket inc. (Arenas). The plaintiffs claimed that salaried employees were entitled under Quebec law to overtime pay if they worked more than 40 hours in one week. In…

EU’s Top Court Rules Investment Protections Under CETA are Compatible with EU Law

May 9, 2019

In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are compatible with EU law. The decision marks a welcome departure from the landmark Achmea v. Slovak Republic decision, in which the ECJ effectively invalidated all 196…

Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

May 8, 2019

On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of privacy, breach of contract and negligence. The decision comes on the heels of another recent decision denying certification of a privacy class action,…