Category: Litigation & Dispute Resolution

Ontario Government Proposes Significant Amendments to Ontario Class Proceedings Act

December 20, 2019

On December 9, 2019, the Attorney General of Ontario introduced Bill 161, the Smarter and Stronger Justice Act, 2019 (Bill 161) which, among other things, proposes a number of changes to the Ontario Class Proceedings Act, 1992 (CPA). Bill 161 follows a recent comprehensive review of the CPA by the Law Commission of Ontario (LCO). The proposed amendments adopt many…

Climate Change Litigation Heats Up: Emerging Trends and Analysis

December 19, 2019

Recently, several Canadian youths aged 10 to 19, filed a lawsuit against the Government of Canada and the Attorney General of Canada over climate change, alleging violations of their rights under the Canadian Charter of Rights and Freedoms. On October 25, 2019, the plaintiffs claimed that the release of anthropogenic greenhouse gases (GHGs) into the atmosphere is triggering a host…

The Little Engine that Couldn’t: SCC Rules on Limitation of Liability for Sale of Ship Engine Parts

December 4, 2019

The Supreme Court of Canada (SCC) recently rendered an important decision on the division of powers between the federal and provincial governments. While that decision was made in the context of Canadian maritime law, it has potentially far-reaching implications for contracts and disputes involving the transportation of goods across borders and the construction of projects under federal jurisdiction. BACKGROUND In…

Corporate Transparency: Which Path Will Quebec Take?

December 3, 2019

In recent years, several countries have undertaken various actions to combat fraud, tax evasion, tax avoidance, money laundering and the financing of criminal activities. Despite the implementation of several measures to strengthen corporate transparency, the Quebec government is still seeking solutions to counter these schemes. It is in this context that, in October 2019, Quebec’s Ministry of Finance published a…

Cybersecurity Alert: IIROC-Regulated Investment Firms Must Now Report Incidents

November 25, 2019

The Investment Industry Regulatory Organization of Canada (IIROC) has amended its Dealer Member Rules to require mandatory reporting by dealer members (Dealers) in the event of a cybersecurity incident. The amendments are accompanied by guidance on the new requirements. IIROC expects dealers to issue an initial report within three days of discovery of an incident, and to submit a detailed…

Ontario Court Backs AGCO in Disqualification of 11 Cannabis Lottery Applicants

November 1, 2019

In Reynolds v. Registrar (Alcohol and Gaming Commission), the Ontario Divisional Court (Court) recently dismissed an application for judicial review of the Registrar of the Alcohol and Gaming Commission of Ontario’s (Registrar) decision to disqualify 11 applicants (Disqualified Candidates) from the cannabis retail licensing process. In doing so, the Court reaffirmed the principle that judicial review remedies are discretionary and…

Litigation Risk on the Rise: 3 Trends in Cybersecurity Class Actions in Canada

October 30, 2019

Cybersecurity litigation in Canada is on the rise. Given that the number of data breaches in Canada has been rising exponentially in recent years, the increase in cybersecurity litigation is unsurprising. However, the increase in the volume of breaches, coupled with privacy legislation changes, has resulted in more reporting to the privacy commissioners, attempted class proceedings, and settlements of actions….

Enforcement Highlights from the 2019 OSC Annual Report

October 2, 2019

The Ontario Securities Commission (OSC) recently released its 2019 OSC Annual Report (Report), which provides enforcement statistics from 2019 and discusses the OSC’s priorities for 2020. KEY ENFORCEMENT TAKEAWAYS The OSC has focused on discouraging “repeat offenders, fraudulent activity and other serious breaches of the Securities Act or violations of the Criminal Code” through its enforcement actions and sanctions and…

Supreme Court of Canada Clarifies Procedures for Class-Action Certification

September 23, 2019

On September 20, 2019, the Supreme Court of Canada (SCC) clarified several procedural questions regarding class-action certification in the case of Pioneer v. Godfrey. This ruling, which followed a trilogy of landmark decisions six years ago that allowed indirect purchasers to bring price-fixing cases under the Competition Act, confirmed the availability of a class-action procedure where the plaintiff can potentially…

Environmental Litigation on the Rise in Corporate Canada and Around the World

September 10, 2019

Climate change litigation continues to evolve in many jurisdictions and Canada has seen its fair share of proceedings seeking to hold governments and the oil and gas, energy and power industries responsible for carbon dioxide emissions. CLIMATE CHANGE LITIGATION AT HOME AND ABROAD Europe The genesis of much climate change litigation was a 2015 decision of the Hague District Court…