Category: Litigation & Dispute Resolution

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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…

To Infineon and Beyond: Mega Settlement, Counsel Fees Approved by B.C. Court

October 20, 2014

  Last week in Pro-Sys Consultants Ltd. v. Infineon Technologies AG (Pro-Sys), the British Columbia Supreme Court approved final settlements and a distribution protocol, as well as class counsel’s fees, in a certified class action relating to the manufacture of dynamic random access memory (DRAM), a component in many household appliances such as televisions, computers and electronic notebooks.   The decision…

Plaintiffs Don’t Get Second Bite at Apple in Proposed B.C. Privacy Class Action

October 10, 2014

  Last week in Ladas v. Apple Inc., the British Columbia Supreme Court refused to certify a class proceeding against Apple Inc. in relation to alleged breaches of privacy involving the Location Services aspect of Apple’s iOS4 operating system.   This decision indicates that British Columbia’s courts remain willing to decline certification of proposed class proceedings where the claims are…

Certification of Overtime Class Action Denied: Decision Upheld by Ontario Court of Appeal

October 8, 2014

  INTRODUCTION   On October 6, 2014, the Ontario Court of Appeal released its judgment in Brown v. Canadian Imperial Bank of Commerce (Brown). The Court of Appeal upheld the decisions of the motion judge and the Divisional Court, which denied the certification of the overtime action as a class proceeding.   The class proposed at the Divisional Court and…

The Recent Buzz in IP Litigation in Canada

September 30, 2014

Canada has seen a number of significant developments in Canadian IP litigation over the last few years. Join members of the Blakes Intellectual Property group for a webinar on an overview of the Canadian IP litigation marketplace, the types of cases being filed and other recent trends. Topics: Patent, Copyright and Trade-mark Trolling Expert Evidence Counterfeit Litigation Remedies Speakers: Anthony…

Marcotte: Can the Provinces Regulate Banking in Canada?

September 23, 2014

  On September 19, 2014, the Supreme Court of Canada released its decision in Bank of Montreal v. Marcotte(Marcotte) and two companion cases Marcotte v. Fédération des caisses Desjardins du Québec and Amex Bank of Canada v. Adams.     THE ISSUE   One of the central issues in Marcotte concerned the applicability of certain provisions of the Quebec Consumer…

Securities Law: Year in Review

September 18, 2014

2014 has seen a number of significant developments in Canadian securities law. As the summer comes to an end, Blakes invites you to join us as we discuss the following topics: Year-to-date market update Whether or not proxy advisory firms will be regulated Update of experience relating to the notice-and-access proxy system Recent developments in securities litigation Mandatory majority voting…

Contractors Cannot Lien for Damages: Alberta Master Rules on Proper Subject Matter of Builders’ Lien

September 8, 2014

An Alberta master’s decision examined the burden of proof in an application to reduce the amount of security posted to discharge a builders’ lien, and whether damages – such as losses that may not sufficiently relate to improvements to the land – may also be included in claim for a builders’ lien. In Krupp Canada Inc v. JV Driver Projects…

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