Category: Litigation & Dispute Resolution

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OSC Announces New Resolution Options in Enforcement Matters

March 13, 2014

  The Ontario Securities Commission (OSC) has published Staff Notice 15-702 Revised Credit for Cooperation Program (Revised Cooperation Program), which implements four initiatives of staff affecting resolution of enforcement matters.   In particular, the Revised Cooperation Program sets out criteria for no-contest settlement agreements and no-enforcement action agreements, a process for self-reporting to staff, and for greater public disclosure by staff of credit…

Ontario Court Allows Privacy Class Action to Proceed

February 7, 2014

  A recent decision of the Ontario Superior Court of Justice has addressed the scope of the tort of “intrusion upon seclusion” first recognized by the Ontario Court of Appeal in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action involving unauthorized access to health records by hospital employees, the Superior Court declined to dismiss the class proceeding as…

Supreme Court of Canada Clarifies Tort of ‘Causing Loss by Unlawful Means’

February 5, 2014

  Claims based on the tort of unlawful means or unlawful interference with economic relations are common in commercial litigation and certain types of class actions, notably those related to competition law. Plaintiffs have seized upon the legal vagueness of the test for unlawful interference to seek redress for a complaint that does not fall easily into the established claims…

Supreme Court Defines Criteria for Identical Questions of Fact and Law in Class Action Matters under Quebec Law

January 27, 2014

  In the case of Vivendi Canada Inc. v. Dell’ Aniello (Vivendi), the Supreme Court of Canada (SCC) once again addressed the scope of the criteria for the authorization of class actions, in particular the criterion of identical questions of fact and law set out by article 1003(a) of the Code of Civil Procedure (CCP). This follows another important decision on this matter rendered…

Supreme Court of Canada Piqued by Copyright Infringement of “Curiosity”

January 8, 2014

  In Cinar Corporation v. Robinson, the Supreme Court of Canada (SCC) confirmed the test for determining copyright infringement and the factors for assessing compensation for infringement. The SCC effectively strengthened copyright in entertainment properties in Canada after several recent decisions in which the SCC had limited the scope of copyright protection.   BACKGROUND The decision results from four separate but…

Terminating Construction Contracts: Practical Advice for Owners

November 21, 2013

Terminations of the contracts of non-performing or under-performing contractors occur in a variety of circumstances on construction projects. This seminar will provide an overview of the law relating to contract terminations and will suggest practical tips for owners and others to manage the terminations and to resolve claims that may arise in a cost-efficient way. Please join members of our…

SCC Allows Indirect Purchaser Class Actions to Proceed

October 31, 2013

  On October 31, 2013, the Supreme Court of Canada (SCC) released its decisions allowing the appeal from the British Columbia Court of Appeal (BCCA) in Pro-Sys Consultants Ltd. v. Microsoft Corporation (Pro-Sys) and dismissing the appeal from the BCCA in Sun-Rype Products Ltd. v. Archer Daniels Midland Company (Sun-Rype) and the appeal from the Quebec Court of Appeal (QCA) in Infineon Technologies AG v….

Securities Law: Year in Review

September 18, 2013

2013 has seen a number of significant developments in Canadian securities law. Join a panel of Blakes lawyers as they discuss: Year-to-date market update Overview of new marketing rules for prospectus offerings Experience with the notice-and-access proxy system after its first year CSA’s move to enhance transparency of significant voting positions and economic interests Implications of the Ontario Court’s recent…

Class Actions: Recent Developments and Practical Lessons

September 12, 2013

Class action practice and jurisprudence are evolving 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 increasing complexity of managing multi-jurisdictional claims. Blakes lawyers nationally…

Canada’s First Foreign Bribery Trial Results in First Conviction of an Individual

August 19, 2013

IntroductionOn August 15, 2013, the Ontario Superior Court of Justice convicted Nazir Karigar of offering bribes contrary to section 3(1)(b) of the Corruption of Foreign Public Officials Act (CFPOA). This is the first trial decision of a charge under the CFPOA, and the first conviction against an individual. In the course of convicting Mr. Karigar, the Court affirmed a number of interesting and potentially important…

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