Category: Litigation & Dispute Resolution

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New Cooperative Capital Markets Regulatory System: Proposed Changes to Regulatory and Criminal Enforcement

December 2, 2014

  A memorandum of agreement between the federal government and the governments of British Columbia, New Brunswick, Ontario, Prince Edward Island and Saskatchewan (Participating Provinces) formalizes the terms and conditions of the new proposed cooperative capital markets regulatory system (Cooperative System), which will be administered by a single Capital Markets Regulatory Authority (Authority). For more information on this, please see…

Recent Developments in Class Actions Practice and Jurisprudence

November 20, 2014

Class action practice and jurisprudence continue to evolve at an accelerated rate. Contributors to this rapid evolution include a plaintiffs’ bar that continues to seek out new business models, new causes of action and novel remedies; the increasing experience of counsel and the judiciary with the common issues trial process; and the direction provided by the Supreme Court of Canada…

New Cooperative Capital Markets Rules Affect Civil Liability for Misrepresentation, Insider Trading

November 20, 2014

  The federal government and the governments of British Columbia, New Brunswick, Ontario, Prince Edward Island and Saskatchewan (Participating Provinces) have signed a memorandum of agreement to formalize the terms and conditions of the new proposed cooperative capital markets regulatory system (Cooperative System), which will be administered by a single Capital Markets Regulatory Authority (Authority). For more information on this,…

Alberta Court Sheds Light on Gross Negligence Standard Required of Oil & Gas Operators

November 19, 2014

  The Alberta Court of Queen’s Bench recently addressed whether an operator of oil wells was grossly negligent in its development of a well, and in so doing added clarity to that term.   BACKGROUND In Bernum Petroleum Ltd v. Birch Lake Energy Inc, (Bernum), Bernum Petroleum Ltd. (Bernum), the operator, sought to recover the share of drilling costs of…

AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Happy New Year? AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Let’s Be Honest: SCC Finds All Contracting Parties Owe Each Other a Duty of Honesty

November 17, 2014

  The Supreme Court of Canada (SCC) has just released its decision in Bhasin v. Hrynew, which recognizes for the first time in common law Canada that every party to a contract has a legal duty to perform its contractual obligations honestly and with regard to the legitimate interests of the other party. This duty cannot even be avoided by…

Litigants Must Describe Records Sufficiently to Permit Assessment of Privilege Claim: Alberta Court

November 12, 2014

  On September 15, 2014, the Alberta Court of Appeal released its decision in Canadian Natural Resources Limited v. ShawCor Ltd. (CNRL), a case that will change how litigants are required to describe records over which they claim privilege in their affidavits of records. In CNRL, the Alberta Court of Appeal held that litigants must provide descriptions of their otherwise…

Another Refreshing Decision: Certification Denied in B.C. vitaminwater® Class Action

October 29, 2014

  INTRODUCTION   Earlier this month, the British Columbia Supreme Court released its judgment in Clark v. Energy Brands Inc.and refused to certify a proposed class proceeding regarding alleged breaches of British Columbia’s Business Practices and Consumer Protection Act (BPCPA) in relation to the labelling and marketing of vitaminwater® beverages. This follows a previous decision in June by the Quebec…

Supreme Court of Canada Mandates Disclosure of Wiretap Evidence in Civil Proceedings

October 24, 2014

  In a decision released on October 20, 2014, the Supreme Court of Canada considered the question of whether a party to a civil proceeding can compel the disclosure of records of private communications intercepted by the state in the course of a criminal investigation.     BACKGROUND   In early summer 2004, the Competition Bureau began an investigation (Octane…

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