Category: Litigation & Dispute Resolution

Page: 20 of 34Page 20 de 34<<<...10...1819202122...30...>>>

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…

Legal Trends 2016: Intellectual Property

February 28, 2016

ONE | LEGISLATIVE CHANGES The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already taken effect. These include amendments to the Copyright Act and Trade-marks Act to introduce customs enforcement measures against counterfeit goods. Other changes, such as the…

De Minimis Principle Returns to Class Actions in Quebec

February 17, 2016

In our November 2015 Blakes Bulletin: De Minimis Rule is Back in the Context of Class Actions, we analyzed the Sofio c. Organisme canadien de réglementation du commerce des valeurs mobilières (Sofio) decision of the Court of Appeal of Quebec (Court), which applied the legal maxim de minimis non curat praetor, according to which courts should not concern themselves with…

Food and Beverage Class Actions in Canada: What Are the Litigation Risks?

February 10, 2016

Class actions in Canada are on the rise. With the imposition of strong consumer protection laws, expanding regulation of food and health generally, and enhanced government scrutiny, consumers are increasingly taking on companies for failure to fulfil legal requirements or for engaging in false or misleading advertising. This trend is particularly heating up in the food and beverage industry, where…

Class Action Results in Hefty Bill: C$2-Million in Punitive Damages

February 1, 2016

In the recent decision Biondi c. Syndicat des cols bleus regroupés de Montréal (SCFP-301), the Superior Court of Quebec (Court) ordered the Syndicat des cols bleus regroupés de Montréal (Union) to pay C$2-million in punitive damages to the plaintiff class. Although Quebec courts can award punitive damages when expressly provided for in a statute, this remains an exceptional measure and…

Page: 20 of 34Page 20 de 34<<<...10...1819202122...30...>>>