Category: Litigation & Dispute Resolution

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Federal Court Rules Internet Provider Should Not Recover Costs of Informing Clients of Motion for Customer Information

January 11, 2016

In Voltage Pictures LLC v. John Doe, the Federal Court ruled that TekSavvy Solutions Inc. (TekSavvy), a non-party Internet service provider, could not recover costs related to its decision to inform 200,000 of its customers of a pending motion seeking TekSavvy customer information. The motion was brought in a class action lawsuit alleging online piracy of the movie The Hurt…

Look Ahead: 2016 Legal Trends

January 8, 2016

  While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.  ​​​​   Anti-Spam   Capital Markets  ​ China    Commercial Real Estate Cybersecurity Employment & Labour Financial Services Regulatory Intellectual Property International Trade   Litigation & Dispute Resolution   Mergers & Acquisitions   Oil &…

Court Limits Liability for Nuisance, Expands Injurious Affection Claims for Public Infrastructure Projects

January 8, 2016

In November, the B.C. Supreme Court (Court) issued an important decision in the long-running litigation saga arising from the construction of the SkyTrain’s Canada Line between Vancouver’s downtown, the suburb of Richmond, and Vancouver’s international airport. The decision has significant implications for public infrastructure projects, in identifying those kinds of claims that may successfully be brought as a result of…

A Roadmap for Summary Judgment in Alberta

January 7, 2016

In Hryniak v. Mauldin (Hryniak), the Supreme Court of Canada (SCC) opened the door for courts to grant summary judgment whenever the record provides “the evidence required to fairly and justly adjudicate the dispute[.]”  In Alberta, however, neither judges nor masters are permitted by the Rules of Court to weigh evidence on summary judgment applications, so the approach to a…

Appeal Court Applies Correctness Standard of Review for Standard Form Contracts, Distinguishes Sattva

December 18, 2015

The Court of Appeal for Ontario has held that appeal courts will review decisions interpreting standard form contracts on a correctness standard, as opposed to the more deferential standard of review of reasonableness. The decision means parties to standard form contracts may have increased chances of successfully appealing contractual interpretations made by lower court judges than parties to negotiated contracts….

Canadian Court Nixes Class Action for Patent Abuse

December 16, 2015

The British Columbia Court of Appeal (BCCA), in Low v. Pfizer Canada Inc., has held that Canada’s Patent Act provides a complete code that forecloses civil actions by consumers centred on breaches of the statute. BACKGROUND The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging…

Revised Capital Markets Act: Amendments to Regulatory and Criminal Enforcement Provisions

December 15, 2015

The recently released revised consultation draft of the Capital Markets Act (CMA) for the proposed Cooperative Capital Markets Regulatory System (Cooperative System) includes changes to the proposed rules around regulatory and criminal enforcement. The Cooperative System will be administered by a single Capital Markets Regulatory Authority (Authority). The revised consultation draft is open for comment until December 23, 2015. BACKGROUND…

Termination of Contracts — Good Faith Implications

December 11, 2015

The Supreme Court of Canada’s (SCC) unanimous and seminal decision on good faith in Bhasin v. Hrynew (Bhasin) has been subject to much commentary, including our November 2014 Blakes Bulletin: Let’s Be Honest: SCC Finds All Contracting Parties Owe Each Other a Duty of Honesty, when it was originally released, and developments since its one-year anniversary. (See our October 2015…

Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

December 10, 2015

The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure proceeding under Part XXIII.1 of the Ontario Securities Act (OSA). The decision also illustrates how a court’s assessment of these defences may differ as between an issuer…

Navigating Securities Litigation: A Review of Recent Developments

December 8, 2015

The stakes have never been higher for defendants facing civil and enforcement proceedings relating to their capital market activities. Securities class actions, activist shareholders and an ever-changing regulatory regime pose continuous challenges for public issuers and their directors and officers. Our panel of securities and litigation practitioners address recent trends and developments in securities litigation. Topics: Securities class action update…

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