Category: Litigation & Dispute Resolution

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Please Hang Up: Court Dismisses Certified Prepaid Wireless Services Class Action Contract, Gift Card Regulation Claims

April 18, 2016

In Sankar v. Bell Mobility Inc., the Ontario Court of Appeal (Court) granted summary judgment dismissing a certified class action against Bell Mobility Inc. (Bell) related to prepaid wireless services credits. The Court found the plain meaning of the interrelated documents that formed each customer’s prepaid phone contract with Bell was that unused prepaid funds expired at the end of…

Ontario Court of Appeal Upholds Certification of Reformulated G20 Class Actions

April 12, 2016

On April 6, 2016, the Ontario Court of Appeal (OCA) released its decision in Good v. Toronto (Police Services Board) (Good). In upholding the certification of two class actions against the Toronto Police Service (TPS), the OCA has again permitted a class action plaintiff to substantially reformulate her case on appeal from an unsuccessful certification motion, with little countervailing consequence…

One Step Closer to Mandatory Breach Reporting Across Canada: Consultations Open

March 16, 2016

On March 4, 2016, Innovation, Science and Economic Development Canada (Ministry) published a consultation document soliciting input from stakeholders on the development of regulations that will support mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA). Parties interested in participating in this consultation must provide comments in writing by May 31, 2016. BACKGROUND In…

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

March 14, 2016

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical Company ASA (TGS) (Clyde River), the Federal Court of Appeal held that where a board is mandated to engage in consultation, the Crown can…

Ontario Court Addresses Debt Re-Characterization Argument in CCAA Proceeding

March 3, 2016

On February 29, 2016, the Ontario Superior Court of Justice released a decision in the ongoing insolvency proceeding of U. S. Steel Canada Inc. (USSC). Two principal issues were addressed by the Court. First, whether amounts advanced by United States Steel Corporation (USS) to USSC (its indirect wholly-owned subsidiary) were properly characterized as debt obligations or “equity claims” under the…

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

March 1, 2016

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google Canada), despite neither entity being physically located in Canada or being a party to the main action. BACKGROUND In the main action, the plaintiff manufacturer of…

Benchmark Risk: Emerging Challenges and Lessons Learned

March 1, 2016

Regulators around the world have shown an increased focus on alleged benchmark manipulation. Proposed legislative and regulatory changes designed to address benchmark-related misconduct could be in place as early as fall 2016. With a continuously evolving regulatory environment, and in the wake of multiple recent global regulatory investigations into alleged benchmark manipulation, Canadian businesses and institutions need to understand what…

Legal Trends 2016: Litigation & Dispute Resolution

February 29, 2016

ONE | INCREASING POWER OF ADMINISTRATIVE TRIBUNALS In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. Administrative monetary penalties have become popular with regulators but controversial among regulated persons and legal observers. In recent years, both federal and provincial…

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

February 29, 2016

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate to surface rights in a mining claim. The Court of Appeal held that surface rights in unpatented mining claims are restricted to prospecting…

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