Category: Litigation & Dispute Resolution

Page: 1 of 33Page 1 de 3312345...102030...>>>

USMCA Eliminates Investor-State Arbitration for Canada – What It Means for Investors

October 4, 2018

On September 30, 2018, Canada, Mexico and the United States announced that they had reached an agreement on a new treaty, the United States-Mexico-Canada Agreement (USMCA), which will replace the North American Free Trade Agreement (NAFTA) that has been in force since 1994. While the trade provisions of the USMCA have been garnering the most attention, the USMCA contains notable changes…

The Future of Canadian Corporate Criminal Enforcement: Deferred Prosecution Agreements Now Available in Canada

September 21, 2018

Recent amendments to the Criminal Code signify an important development in Canada’s white-collar enforcement landscape. The new amendments, which came into effect on September 19, 2018, establish a Canadian deferred prosecution regime. Prosecutors will now have the option of entering into “remediation agreements” (RAs) with companies accused of offences. RAs are the Canadian equivalent of American and U.K. deferred prosecution…

The Danger of Delays: Alberta Court Strikes Lingering Lawsuit

September 17, 2018

The Court of Queen’s Bench of Alberta (Court) in Altex International Heat Exchanger Ltd. v Foster Wheeler Limited (Foster Wheeler Limited) recently reaffirmed that it will carefully scrutinize lingering actions. In Foster Wheeler Limited, the Court dismissed an almost 18-year-old action for delay. Blakes successfully represented Foster Wheeler Limited (Foster Wheeler) in this matter. BACKGROUND The plaintiff brought a claim…

Lavender Haze Lifts: Court of Appeal Clarifies Auditor’s Duty of Care

September 6, 2018

On September 5, 2018, in Lavender v. Miller Bernstein LLP (Lavender), the Court of Appeal for Ontario (Court of Appeal) overturned a lower court decision that an auditor had a duty of care to its client’s clients. In doing so, the Court of Appeal applied the principles articulated by the Supreme Court of Canada (SCC) in Deloitte & Touche v….

Corporate and Financial Crimes Series, #4: Money Laundering

August 15, 2018

This is the fourth 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 money laundering and terrorist financing offences and the resources available to companies to minimize related legal and reputational risks. 

Does the Public Have the Right to Know Who the Top Billing Doctors Are?

August 10, 2018

The public has a right to know the names of Ontario’s top billing doctors, the Ontario Court of Appeal (Court) ruled on August 3, 2018 in Ontario Medical Association v. Ontario (Information and Privacy Commissioner). The Court upheld the Information and Privacy Commissioner’s (IPC) decision to release the names of top billing doctors, finding that a person’s gross business or…

Quebec Public Procurement – New Procurement Authority Ramps Up

August 10, 2018

On July 25, 2018, Denis Gallant took office as the first president and chief executive officer of the Autorité des marchés publics (AMP), Quebec’s central public procurement supervisory body, following his appointment by the National Assembly. This entry into office comes almost eight months after the adoption An Act to facilitate oversight of public bodies’ contracts and to establish the…

The Man Who Sold (Around) the World: Ontario Not a Default Jurisdiction for Securities Class Actions

August 9, 2018

In its decision in Yip v. HSBC Holdings PLC, the Ontario Court of Appeal clarified the proper interpretation of “responsible issuer” in the context of a statutory claim for secondary market misrepresentation under Part XXIII.1 of the Ontario Securities Act (OSA) and related common law claims, providing guidance to entities faced with class action claims arising from Canadian trading of…

Ontario Court Upholds Debarment of Municipal Contractor, Confirms Municipalities’ Broad Discretion in Commercial Decision-Making

July 10, 2018

In its recent decision, Interpaving Limited v. City of Greater Sudbury, the Ontario Superior Court of Justice (Divisional Court) (Court) upheld a municipality’s four-year debarment of a contractor, affirming municipalities’ broad discretion to make business decisions. The Court also described the scope of the duty of procedural fairness in public sector debarments.   BACKGROUND Interpaving Limited (Contractor) is a road…

Small Brewers Successfully Challenge Alberta’s Beer Markup Regime

July 9, 2018

On June 19, 2018, the Alberta Court of Queen’s Bench declared part of Alberta’s provincial beer markup regime to be in contravention of section 121 of the Constitution Act, 1867 (Constitution) in Steam Whistle Brewing Inc. v. Alberta Gaming and Liquor Commission. This decision has important implications for inter-provincial trade generally and for provinces enacting measures aimed at protecting local…

Page: 1 of 33Page 1 de 3312345...102030...>>>