Category: Litigation & Dispute Resolution

Page: 2 of 33Page 2 de 3312345...102030...>>>

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,…

Careless Whispers: Ex Parte Communications Lead to Overturned Arbitration Award

May 3, 2018

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise to a reasonable apprehension of bias, rendering the arbitration award void and unenforceable.   BACKGROUND The arbitration was between the owners of a…

New B.C. Legislation Proposes Multi-Jurisdictional Opt-Out Class Actions

April 27, 2018

INTRODUCTION Recently, the Government of British Columbia introduced Bill 21, 2018 Class Proceedings Amendment Act, to amend the Class Proceedings Act, R.S.B.C. 1996 (amended CPA). The bill received third reading on April 26, 2018. The amended CPA will permit national opt-out classes to be certified by the B.C. courts, which is a significant change from the current requirement that non-resident class…

Market Correction: B.C. Court Orders Securities Regulator to Revisit Sanctions Regime

April 25, 2018

The British Columbia Court of Appeal (Court) recently released its decision in Davis v. British Columbia (Securities Commission) (Davis), overturning the decision of the B.C. Securities Commission (Commission) to impose a lifetime market ban on an individual for committing fraud pursuant to the B.C. Securities Act. The decision is a strong rebuke of the Commission’s overly formulaic approach to sanctions,…

Page: 2 of 33Page 2 de 3312345...102030...>>>