Category: Litigation & Dispute Resolution

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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…

Drilling Down: Alberta Court Finds Production Volume Royalty Can Be an Interest in Land

July 4, 2018

On June 22, 2018, in Re Manitok Energy Inc., Justice K. Horner of the Alberta Court of Queen’s Bench (Court) confirmed that the creation, grant and sale of a production volume royalty can constitute an interest in land where the parties have an express intention to create such an interest. This decision adopts the reasoning of the Ontario Court of…

2018 Legal Trends: The Sharing Economy

June 12, 2018

As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers and platform providers in various ways. Here are a few legal trends to watch for as the sharing economy evolves.

SCC Stays Internet Defamation Case, Urges Fairness and Efficiency

June 8, 2018

 On June 6, 2018, the Supreme Court of Canada (SCC) addressed the challenging issue of jurisdiction and the internet in Haaretz.com v. Goldhar (Haaretz), by emphasizing the importance of ensuring fairness to foreign defendants, given that jurisdiction can be readily presumed based solely on a single download of an article. In Haaretz, the SCC stayed a libel action against an…

Corporate and Financial Crimes Series, #3: Bribery & Corruption Offences

June 6, 2018

This is the third 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 bribery and corruption offences, how they can be prevented, and what resources are available to companies to ensure compliance.  

Court of Appeal for Ontario Reaffirms Stringent Test for Piercing the Corporate Veil

May 28, 2018

In its recent decision in Yaiguaje v. Chevron Corporation, the Court of Appeal for Ontario (OCA) reaffirmed the principle of corporate separateness and confirmed the stringent requirements that must be proven in order to pierce the corporate veil. BACKGROUND In 2012, 47 Ecuadorian residents sought recognition and enforcement in the Ontario Superior Court of Justice of a US$9.51-billion judgment against…

Lottery Winner Loan Case Sets Precedent, B.C. Court Reforms Centuries-Old Consideration Doctrine

May 24, 2018

In its May 18, 2018 decision, Rosas v. Toca (Rosas), the British Columbia Court of Appeal (Court of Appeal) permitted a contract to be varied without the exchange of fresh consideration. If adopted more broadly, Rosas may have wide-ranging implications. BACKGROUND In January 2007, the plaintiff won over C$4-million in the lottery. After depositing the proceeds, she loaned C$600,000 for…

IIROC Making Fine Progress in Monetary Collection Efforts

May 17, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) recently released its Annual Enforcement Report (Report), which highlights IIROC’s efforts to increase its rate of collection on monetary fines, including through increased legal authority to collect unpaid fines through the provincial court systems. INCREASED LEGAL AUTHORITY As detailed in the Report, since January 2017, IIROC has been granted enhanced enforcement capabilities…

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

May 15, 2018

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is fundamentally incompatible with EU law. The decision may effectively invalidate the 196 BITs currently in force between EU Member States. For Canadian and other non-EU parties,…

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