Category: Litigation & Dispute Resolution

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Supreme Court of Canada Rules No Discrimination for Termination of Drug-Addicted Employee

June 20, 2017

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in safety-sensitive workplaces. For related analysis regarding substance abuse in the workplace, see our May 2016 Blakes Bulletin: Suncor Clears Important Hurdle in…

Investment Industry Regulatory Organization of Canada Sets Priorities for 2018

June 19, 2017

The Investment Industry Regulatory Organization of Canada (IIROC) has released its priorities for 2018 (Priorities). The Priorities address issues related to policy development, enforcement and IIROC’s general supervisory mandate. The Priorities highlight IIROC’s focus on inspiring confidence and deterring wrongdoing, as well as its desire to achieve efficient regulation while being a “leading edge” regulator. They further offer a glimpse…

U.S. Court Upholds Privilege Claim Respecting Report Prepared Following Data Breach

June 15, 2017

Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim over a forensic report prepared following a data breach. BACKGROUND This decision arises in the context of a class action brought against Experian Information Solutions Inc….

Alberta Court of Appeal Releases Landmark Decision on Contractual Interpretation

June 9, 2017

On May 26, 2017, the Alberta Court of Appeal (Court) released a landmark decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing, which will impact principles of contractual interpretation in Alberta. In addition to the legal principles discussed below, the Court recognized that business “craves certainty”, is “understandably risk adverse” and so ensuring the proper interpretation of contractual…

Happy Canada Day for Businesses: CASL’s Private Right of Action Suspended

June 7, 2017

Businesses obtain welcome relief from the imminent threat of private lawsuits under Canada’s Anti-Spam Legislation (CASL) as the private right of action, originally scheduled to come into force on July 1, 2017, has been suspended. It is unclear at this point if this right will be repealed entirely or if a new coming into force date will be set. Under…

The Art of Arbitration: Role of In-House Counsel

May 30, 2017

Arbitration has a number of advantages when resolving domestic or international commercial disputes. Are you equipped to play your part in successfully managing the conduct of arbitrations? This interactive discussion focuses on the role of in-house counsel in domestic and international arbitrations. The panel discusses the stages of an arbitration, decisions that need to be made at critical junctures and tips…

Ontario Introduces New International Commercial Arbitration Scheme

May 26, 2017

Effective March 22, 2017, Ontario enacted the International Commercial Arbitration Act, 2017 (ICAA), replacing a previous version of the law that had been in effect since 2006. The new ICAA includes changes which are designed to modernize international commercial arbitration in Ontario and to make Ontario a more desirable place to arbitrate such disputes. The ICAA applies to all international…

Update: Court of Appeal Affirms Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

May 3, 2017

On April 24, 2017, in Orphan Well Association v. Grant Thornton Limited, the Alberta Court of Appeal (Court) upheld Chief Justice N. Wittmann’s decision (Chief Justice) in Redwater Energy Corporation (Re) (Chambers Decision) by finding that certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act (PA) are inoperative to the extent that they are used by…

Significant Developments in Recent Competition Litigation

May 2, 2017

In three decisions released at the end of April 2017, Superior Court of Québec, Ontario Divisional Court and Federal Court judges addressed a number of important issues for businesses, including unreasonable delay in prosecution, certification and disclosure. SUPERIOR COURT OF QUÉBEC RULES ON LENGTHY DELAY On April 21, 2017, the Superior Court of Québec (Court) ruled that lengthy delay between…

Alberta Court of Appeal Expands Availability of Equitable Limitations Defence

May 1, 2017

In a recent decision, Weatherford Canada Partnership v. Artemis Kautschuk und Kunstoff-Technik GmbH (Weatherford), the Alberta Court of Appeal (Court) upheld the dismissal of the plaintiff’s claim against two defendants on the basis of the equitable limitations defence of laches. Historically, laches has been used as a defence to late-brought equitable causes of action and remedies, to which statutes of…

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