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Osler Update October 31, 2024

Supreme Court of Canada demonstrates flexibility of corporate attribution in the bankruptcy and insolvency context

The corporate attribution doctrine is refined to ensure that it does not undermine the policy of bankruptcy and insolvency legislation.

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Supreme Court of Canada demonstrates flexibility of corporate attribution in the bankruptcy and insolvency context
Osler Update September 12, 2022

You (may not) get what you bargained for: a receivership order displaces an arbitration clause in Mundo Media

The worlds of insolvency and arbitration collided in a recent Ontario Court of Appeal decision. Osler’s Mary Paterson, Mary Angela Rowe and Sarah...

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You (may not) get what you bargained for: a receivership order displaces an arbitration clause in Mundo Media
Osler Update December 13, 2021

Spotlight on statutory interpretation and tax avoidance: Three key decisions in 2021

In 2021, the Supreme Court of Canada (SCC) heard two cases involving the permissible limits of international tax planning, giving the Court the...

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Spotlight on statutory interpretation and tax avoidance: Three key decisions in 2021
Osler Update October 13, 2020

SCC confirms application of anti-deprivation rule

In Chandos Construction Ltd. v Deloitte Restructuring Inc., the SCC confirmed the application of the common law anti-deprivation rule in the context...

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SCC confirms application of anti-deprivation rule
Osler Update July 28, 2020

The Long Waive Goodbye: SCC rejects waiver of tort, expands motion to strike

In Atlantic Lottery Corp. Inc v Babstock (2020 SCC 19) the Supreme Court struck all claims underlying a proposed class action about fraud and...

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The Long Waive Goodbye: SCC rejects waiver of tort, expands motion to strike
Report April 1, 2020

Financial distress – The board’s role

Being on the board of a company requires being alert to the signs of potential financial issues and being ready to take prompt action. A 2020...

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Financial distress – The board’s role
Blog November 27, 2019

Court provides roadmap for seeking administrative law remedies and damages in one class proceeding

Challenging public authorities in courts can be … challenging. Apart from institutional advantages and formidable defences enjoyed by public...

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Blog July 31, 2019

When does “good faith” limit a company’s choices?

In 2014, the Supreme Court released its ground-breaking decision to recognize a common law duty of good faith in the performance of contracts in...

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Blog June 14, 2019

Court has no appetite to pierce corporate veil in restaurant lease decision

Corporate directors and officers may generally only be held personally liable for misconduct on the part of the corporation in limited circumstances...

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Osler Update May 15, 2019

How to draft exclusive vs. non-exclusive jurisdiction clauses

A recent decision from the Court of Appeal for Ontario reminds us that parties using their contracts to select a jurisdiction for hearing disputes...

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