Category: Litigation & Dispute Resolution

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Judge Questions Whether Ontario’s “Anti-SLAPP” Law Strikes the Right Balance

April 11, 2018

In a recent Ontario Superior Court of Justice decision, Justice E.M. Morgan used Ontario’s new “anti-SLAPP” laws to dismiss a defamation action against The Globe and Mail (Globe). In doing so, however, Justice Morgan raised concerns about whether the law, as he was required to apply it, fulfills its intended purpose of encouraging participation and expression on matters of public…

International Commercial Arbitration Act Amendments to Make B.C. Even More Arbitration-Friendly

April 10, 2018

On April 9, 2018, the Government of British Columbia introduced Bill 11, International Commercial Arbitration Amendment Act, to amend the International Commercial Arbitration Act (ICAA), which has been in effect since 1996. The amended ICAA will include new provisions that are designed to align the legislative regime in British Columbia with current international best practices and to make B.C. a more desirable venue for…

2018 Ontario Budget Looks to Enhance Securities Enforcement Activities

April 5, 2018

As part of its 2018 budget (Budget), the Ontario government announced that it plans to propose new tools to enhance and expand the securities enforcement activities of the Ontario Securities Commission (OSC), including in regard to the criminal prosecution of securities fraud. The Budget does not include details of how or when these proposals will be implemented, but the announcements…

Litigation Management and Risk: Key Considerations

March 27, 2018

One of the key duties of legal departments is evaluating and managing risk, particularly around litigation. Members of the Blakes Litigation & Dispute Resolution group discussed strategic considerations in assessing litigation, practical steps in managing documentary production and the use of new technology, and recent developments in the law of privilege. Speakers Jeff Galway, Partner Anne Glover, Partner and Practice…

Infringement by Common Design: New Liability Under Canadian Patent Law?

March 27, 2018

Unlike in some other jurisdictions, Canada’s patent legislation (the Patent Act) does not explicitly specify all of the circumstances under which a patent may be held to be infringed. It has therefore fallen to Canadian courts to establish the principles governing the issue of infringement. Infringement by common design has not been, to date, recognized in Canada. However, two recent…

Securities Regulators Tell Aurora and CanniMed to Play by the (New) M&A Rules

March 26, 2018

The Financial and Consumer Affairs Authority of Saskatchewan and Ontario Securities Commission (together, the Commissions) recently released the highly-anticipated reasons for their decision relating to the unsolicited take-over bid (Aurora Offer) by Aurora Cannabis Inc. (Aurora) to acquire CanniMed Therapeutics Inc. (CanniMed). The decision is the first time since the new take-over bid rules were adopted in 2016 that the…

Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

March 13, 2018

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG previously settled with various PPA buyers in November and December 2016. By a consent judgment filed March 9, 2018, the AG Action was dismissed against all…

Alberta Court Releases Precedent-Setting Decision on Insurers’ Right and Duty to Defend

March 13, 2018

In its recent decision in Temple Insurance Company v. Sazwan, the Court of Queen’s Bench of Alberta (Court) considered the scope of, and exceptions to, an insurer’s right and duty to defend. This is the first decision in Alberta to conclude that, in an appropriate case, an insurer may have to surrender its right and duty to defend to its…

Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

March 9, 2018

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United States withdrew from the TPP. Canada was joined in signing the CPTPP by Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Upon entry into force, the…

Federal Court of Appeal Affirms Common Interest Privilege in Deal Context

March 8, 2018

On March 6, 2018, the Federal Court of Appeal (Court) released its reasons in Iggillis Holdings Inc. v. Canada (National Revenue) confirming common interest privilege as a valid exception to waiver in non-litigious circumstances. More specifically, in certain circumstances, parties with a common interest in the completion of a commercial transaction can share privileged legal advice with each other, on…

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