Disputes Disputes

Skinny drug labels and induced infringement: court decision creates divergence between U.S. and Canadian law

A recent U.S. Supreme Court decision solidifies U.S. case law on “skinny labelling”.

Use of French in federally regulated private businesses: the regulatory framework takes shape

Draft regulations on the use of French in federally regulated private businesses impose new language rights obligations on federally regulated...

Solo International decision: a detailed account of pump-and-dump scheme, but sparse legal analysis

The recent Québec Financial Markets Tribunal decision offers limited justification of administrative penalties imposed.

Construction law: British Columbia’s Construction Prompt Payment Act

The consultation period is now open for British Columbia’s Construction Prompt Payment Act.

The Solo International case: the Québec Financial Markets Tribunal sanctions a transnational pump-and-dump scheme, but leaves key questions unanswered

A closer look at the Solo International decision which highlights concerns about the justification for the penalties imposed.

Ontario Court of Appeal overrules Handley Estate, restores discretion to remedies for non-disclosure of partial settlement agreements

A new framework for disclosure of partial settlements has been adopted which affords courts greater discretion to fashion an appropriate remedy.

Looking beyond the last cause: insurance coverage for multi-cause losses

The decision confirms that the last event in the chain may not be the event that determines coverage.

Ontario Court of Appeal offers clarification on post-employment earnings and employers’ evidentiary burden in mitigation analysis

Employers should request complete information about any employment income earned during the alleged common law reasonable notice period.

Voting by mail extended in Québec: successful court challenge leads to amendment of the Election Act

The amendment follows a decision issued last year by the Superior Court of Québec on a challenge in which Osler represented the plaintiff pro bono.

Canadian court interprets ‘integrated project delivery contract’

Canadian courts will increasingly be asked to interpret collaborative contract models.